Terms of Service

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY USING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE APP.
This App is made by Helpr (“us”) or (“we”) and is available for you to install on your Shopify account from the Shopify App Store owned by Shopify Inc of 150 Elgin Street, 8th Floor, Ottawa Ontario K2P 1L4.

Who we are and what this agreement does

We license you to use:

Your privacy

We only use any personal data we collect through your use of the App and the Services in accordance with the Data Protection Act 2018.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Shopify’s App Store terms also apply

The ways in which you can use the App and Documentation may also be controlled by the rules and policies of the Shopify App store and we encourage you to read the terms and conditions you can find at https://www.shopify.com/legal/terms.

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them please contact us.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email us at support@usehelpr.com.

How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us.

How you may use the App

In return for your agreeing to comply with these terms you may:

You must be 18 to accept these terms and Use the app

You must be 18 or over to accept these terms and use the App. If you are under the age of 18 you must seek parental consent in order to use this App and our Services.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any Shopify account on which the App is installed, you must remove the App from it prior to the sale.

Registration

Registration is done by installing the App from the Shopify App Store. At registration, you undertake to provide accurate data and complete all mandatory fields. You should provide true, accurate and complete information and should not omit or misrepresent any details. You should update their details, including but not limited to your email address, as soon as they can.

You are solely responsible for your login and password. You must not disclose these to any third party. You should change your password from time to time to enhance its security.  We are not liable for any security breach to your account.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will endeavour to give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you may not be permitted to continue to use the App.

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

App is free of charge; Services may incur charges

Our App is made available free of charge; however, we may start charging at any time and some of our Services may incur charges. We are not liable for any third-party charges you may incur by using our App. If we do charge, we will provide you with prior notification.  You represent and warrant that if you are making any payments relating to the Services, any payment information you provided is true, correct and complete. You will pay the charges incurred for your use of the Services at the posted rates, including any applicable taxes, via your Shopify account. Any fees will be charged via your Shopify account on a monthly basis. For the avoidance of doubt, the late payment of any fees may result in termination of right to use App.

We may suspend or withdraw our App

We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We may collect technical data about your device

By using the App or any of the Services on a device, you agree that we may collect and use technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

About the App

We provide a brief summary of various content available in the public domain by aggregating such content within one platform for easy access by you and for assisting you to find corresponding content of your interest. The App does not host, display or transmit any content owned by third parties on its servers, unless we either have a license or are not prohibited under the applicable law, to do the same. You agree and acknowledge that the App does not report and/or broadcast any content on its own accord and we will not be held responsible or liable for the content or accuracy of the summary of the content that may be accessed by you through the App.

We are not responsible for other Apps or Websites you link to

The App or any Service may contain links to other independent websites or applications which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

Acceptable use restrictions

You must:

Intellectual property rights

All intellectual property rights, including but not limited to copyright, trademark, patent, and trade secret, in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

All intellectual property rights in any content you upload, submit, store, send or receive through our App or Services, belongs to you. You agree to provide us with a purpose limited, worldwide, perpetual, non-revocable, license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content, for the purpose of operating, promoting, and improving our Services, and to develop new applications or services.

Our responsibility for loss or damage suffered by you

We make no representations, warranties or guarantees, whether express or implied, that the content on our App is accurate, complete or up to date at any time. The content on our App is provided for general information only and we take no responsibility for completeness or accuracy. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our App.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We do not guarantee that our App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, device and platform to access our App. You should use your own virus protection software.

Our liability. We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the App for:

Liability Cap. Our liability to you howsoever arising shall be limited to 100% of the fees paid by you in the last 12 months preceding the date the claim arose.

Indemnity. You shall indemnify us and keep us fully indemnified on demand from and against all liabilities, costs, expenses, damages and losses, legal costs (calculated on a full indemnity basis) and all other reasonable professional costs (including costs of defence of claims, suits or proceedings brought by third parties)) and expenses suffered or incurred by us arising out of or in connection with your use of the App, your breach of these terms and/or as a result of your violation of these terms and/or as a result of your violation of any applicable laws or regulations.

Limitations to the App and the Services. The App and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect and the unenforceable paragraphs shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties’

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you agree that the courts of England have exclusive jurisdiction to hear any disputes in respect of the App or these terms unless you live in Scotland, in which case you can bring legal proceedings in respect of the products in either the Scottish or the English courts or if you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.