- Platform
- Solutions
- Capabilities
- Resources
- Company
Last updated: May 2024
These Terms and Conditions (“Terms”) apply to a user’s (“you” or “your”) access and/or use of (a) the website located at www.Helios.io and all associated web pages and websites (collectively, “Sites”), and (b) any web pages and/or websites that directly reference these Terms, in each case, provided by Helios Global Payments Solutions Inc., and the entities listed in the Helios Group Overview (collectively, “Helios”, “us”, “we” or “our”).
YOUR ACCESS AND/OR USE OF OUR SITES, REFLECTS YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITES.
We may, at any time, revise and update these Terms in our sole discretion. The “Last Updated” legend above indicates when these Terms were last modified. If we make any future modifications, the update of the date at the top of these Terms will serve as notice to you of the changes. It is your responsibility to check these Terms periodically for modifications. Unless we say otherwise, the amended Terms will be effective immediately, and your continued access and/or use of our Sites will confirm your acceptance of the changes. If you do not agree to the modified Terms, you must stop using our Sites.
The Sites contain information including, but not limited to, texts, images, photographs, documents, user guides, support guidance, videos, testimonials, logos, diagrams, reports, download areas, communications, trademarks, trade names, logos, slogans, service marks, trade dress, and other content and tools, some of which may relate to or describe Helios’ product and services (collectively “Site Materials”). The Sites, including all Site Materials, are owned by Helios or our licensors and are protected under both domestic and foreign laws, whether registered or not. Except as explicitly stated in these Terms, all rights in and to the Sites are reserved by us or our licensors. For the purposes of these Terms, any reference to the “Sites” shall also include the Site Materials.
Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use our Sites for your own personal use. This means you may download copies of posted materials for personal, noncommercial use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights to that material.
You may be required to create a user account to access the Sites, download Site Materials, register for events, or other purposes as Helios requires, in its sole discretion (“User Account”). You agree to input accurate and up-to-date information when creating a User Account, and you hereby agree to receive emails, SMS messages, and other types of communication from Helios using the email address or other contact information that you provide in connection with your account. If you are given, or if you create, a User Account (including any password) to access the Sites, you are responsible for maintaining the confidentiality and security of your account, including all of your usernames, passwords, or other credentials. You must promptly notify us if you discover or suspect that someone has accessed your User Account without your permission. You are solely responsible for all activities that occur under your User Account.
You must be at least sixteen (16) years old to use our Sites. If you use our Sites on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. If you are a parent or legal guardian of a user under the age of eighteen (18) (or the age of legal majority), you will be fully responsible for the acts or omissions of such user in relation to our Sites.
In connection with using and/or accessing our Sites, you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Sites. This includes, but is not limited to, your agreement you will not: (a) engage in any harassing, threatening, intimidating, predatory or stalking conduct; (b) use or attempt to use another user’s account or information, share your log-in information, or otherwise allow any other person or entity to use your User Account, without authorization from that user and Helios; (c) impersonate or post on behalf of any person or entity you are not authorized to represent, or otherwise misrepresent your affiliation with a person or entity; (d) sell, resell or commercially use our Sites, except where and/or expressly permitted by Helios in writing; (e) copy, reproduce, distribute, publicly perform or publicly display all or portions of our Sites, except as expressly permitted by us or our licensors; (f) modify our Sites, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Sites; (g) use our Sites other than for their intended purpose; (h) use our Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Sites or that could damage, disable, overburden or impair the functioning of our Sites in any manner; (i) use our Sites in any manner that, in our sole discretion, circumvents the ordinary use or operation of the Sites (including any products and services that may be offered through such Sites), disrupts our pricing structure or ability to provide products, services or support to our customers, or directly competes with any Helios product or offering; (j) reverse engineer any aspect of our Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Sites; or (k) use our Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may be able to upload, post, or transmit information to or via the Sites, including, but not limited to, feedback or suggestions (“Submissions”). You hereby represent and warrant to Helios that you have the necessary rights and permissions, as applicable, to provide Submissions and that any Submissions adhere to these Terms. Helios will deem any Submission as not confidential or proprietary. Upon transmission of a Submission, you grant Helios a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Submissions or any part thereof, subject to applicable laws and regulations, these Terms, and our Privacy Notice (“Privacy Notice”).
Your Submissions, including comments or other posts regarding content on the Sites must not: (a) violate any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity; (b) be harmful, hateful, threatening, abusive, harassing, defamatory, or libelous, sexually explicit, vulgar, lewd, or obscene, or is racially, ethnically, or otherwise objectionable or offense, inappropriate, or inflammatory; (c) be false, deceptive, or misleading; (d) contain information that could be used for identity theft purposes, such as social security numbers, credit card, bank account, or other financial information, driver’s license numbers, security codes, passwords, or other authentication methods; or (e) link to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions. By making Submissions or otherwise posting content on the Sites, you represent and warrant that the Submission or posting does not violate these Terms or applicable laws.
Helios does not control, has no obligation to monitor, and is not responsible for what users post, and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing, or otherwise objectionable or illegal content on the Sites. UNDER NO CIRCUMSTANCES SHALL HELIOS BE LIABLE IN ANY WAY FOR ANY CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE SITES.
We may provide information about or links to third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Sites (collectively, “Third-Party Content”). We may provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Helios does not control or endorse any Third-Party Content, and makes no representations or warranties regarding, any Third-Party Content, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Content. Your access to and use of such Third-Party Content is at your own risk and may be subject to additional terms, conditions, guidelines, policies, or rules (including terms of service or privacy policies of the providers of such Third-Party Content). UNDER NO CIRCUMSTANCES WILL WE BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE THAT IS CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU OR ANY OTHER PERSON IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, ANY THIRD-PARTY CONTENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS HELIOS AND OUR SUBSIDIARIES AND AFFILIATES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES AND OTHER REPRESENTATIVES (“HELIOS PARTIES”) FROM AND AGAINST ANY LOSSES, LIABILITIES, CLAIMS, DEMANDS, DAMAGES, EXPENSES OR COSTS (“CLAIMS”) ARISING OUT OF, IN CONNECTION WITH OR RELATED TO (A) YOUR ACCESS TO OR USE OF THE SITES OR ANY CONTENT YOU PROVIDE THEREON OR THEREIN (INCLUDING SUBMISSIONS); (B) YOUR SHARING YOUR LOGIN CREDENTIALS FOR THE SITES WITHOUT HELIOS’ AUTHORIZATION; (C) YOUR VIOLATION OF THESE TERMS; (D) YOUR VIOLATION, MISAPPROPRIATION OR INFRINGEMENT OF ANY RIGHTS OF ANOTHER (INCLUDING INTELLECTUAL PROPERTY RIGHTS OR PRIVACY RIGHTS); OR (E) YOUR CONDUCT IN CONNECTION WITH THE SITES. YOU AGREE TO PROMPTLY NOTIFY HELIOS OF ANY CLAIMS, COOPERATE WITH HELIOS IN DEFENDING SUCH CLAIMS AND PAY ALL FEES, COSTS AND EXPENSES ASSOCIATED WITH DEFENDING SUCH CLAIMS (INCLUDING REASONABLE ATTORNEYS' FEES). YOU ALSO AGREE THAT HELIOS WILL HAVE CONTROL OF THE DEFENSE OR SETTLEMENT, AT HELIOS' SOLE OPTION, OF ANY CLAIMS. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND ANY OF THE HELIOS PARTIES.
YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OUR SITES, SITE MATERIALS AND ANY CONTENT THEREIN ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HELIOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, SITE MATERIALS AND ANY CONTENT THEREIN, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HELIOS DOES NOT REPRESENT OR WARRANT THAT THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT, OR ERROR-FREE OR THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES AND THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY CONTENT OFFERED ON THE SITES. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD-PARTY PROVIDERS OF THIRD-PARTY CONTENT. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS, OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR ACCESS TO AND/OR USE OF THE SITES OR SITE MATERIALS.
(a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HELIOS PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, COMPENSATORY, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM, ARE IN CONNECTION WITH AND/OR ARE RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITES, SITE MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) THE TOTAL LIABILITY OF THE HELIOS PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SITES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO ONE HUNDRED DOLLARS ($100.00 USD). YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED UPON ALLOCATION OF RISK BETWEEN YOU AND HELIOS WHICH CONSIDERS THE FEES, IF ANY, HELIOS CHARGES YOU TO USE THE SITES AND SITE MATERIALS. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, HELIOS WOULD NOT PROVIDE THE SITES OR SITE MATERIALS TO YOU.
(c) THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY OF THE HELIOS PARTIES FOR ANY MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND TO THE EXTENT YOU, THESE TERMS AND/OR THE SITES ARE SUBJECT TO SUCH JURISDICTIONS THE LIMITATIONS OR EXCLUSIONS OF SECTION 10(a) MIGHT NOT APPLY TO YOU, IN WHOLE OR IN PART.
Your access to and use of the Sites are subject to all applicable international, federal, state, provincial and local laws and regulations, including export controls. Use of the Sites (including the Site Materials) in violation of any such laws or regulations is strictly prohibited. Helios makes no claims that the Sites or any of its contents are accessible or appropriate in every jurisdiction.
Your access to, and/or use of the Sites, is your acknowledgement of your acceptance of the terms of the Helios’ Privacy Notice, and the content and terms thereof are hereby incorporated into these Terms in their entirety.
Helios uses physical, electronic and operational safeguards intended to reduce the risk of unauthorized access to any personally identifiable information. While Helios uses commercially reasonable efforts to protect confidential and personally identifiable information, it cannot and does not warrant or guarantee the security of any such information transmitted to or received by Helios. If Helios has reason to suspect a breach of security, it may suspend your User Account immediately, without prior notice.
Helios may, from time to time and in its sole discretion, develop and provide updates to the Sites, which may include upgrades, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete certain features and functionality of the Sites. You agree that Helios has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Sites and be subject to these Terms.
The information contained in or made available through the Sites cannot replace or substitute for the services of trained professionals in any field. We make no representations or warranties concerning any treatment, action, or application of services or preparation by any person following the information offered or provided within or through the Sites.
These Terms are governed by and construed in accordance with the laws of the State of Delaware and applicable federal laws without regard to conflict of law principles. You agree that any and all proceedings relating to these Sites and the subject matter contained herein will be maintained in the courts of the State of Delaware, or the Federal District Courts, sitting in Wilmington, Delaware, which courts will have exclusive jurisdiction for such purpose; provided, however, temporary relief to enjoin infringement of intellectual property rights may be sought in any court. Any claim or dispute related to the Sites or under these Terms, the Privacy Notice, and any legal notices on the Sites, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arise), or be forever waived and barred.
In its sole discretion, Helios may terminate or suspend your access to the Sites for breach of these Terms or for any reason whatsoever, with or without notice. You also have the right to stop using our Sites at any time. We are not responsible for any loss or harm related to your inability to access and/or use our Sites.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Helios as a result of these Terms or access to and/or use of the Sites.
The waiver by Helios of a breach of any provision of these Terms shall not operate or be construed as a waiver of any other or subsequent breach.
If you are in a country that provides consumer guarantees or imposes obligations on us which cannot be excluded, restricted or modified by applicable law, or may be so only to a limited extent, then nothing in the Terms is intended to exclude, restrict or modify such mandatory guarantees or obligations. Without limiting the foregoing, if any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, including, but not limited to, by statute or because such provision is found to be unconscionable, the unenforceable or unlawful provision will be severed from these Terms and the severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms.
These Terms reflect the entire agreement between the Parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the Parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation”. Except as otherwise provided herein, these Terms are intended solely for the benefit of the Parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without Helios’ (and/or its licensors’) prior written consent. Helios may assign these Terms, in whole or in part, in its sole discretion.