HellxCase

Terms & Conditions

Last Updated: June 15, 2023

Welcome to HellxCase. Please read these Terms and Conditions carefully before using our information storage and exchange services, accessing our website, or using any of our applications. By using our services, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use our services.

These Terms and Conditions constitute a legally binding agreement between you and HellxCase Ltd (referred to as "HellxCase," "we," "us," or "our"). They govern your access to and use of our services, including any content, functionality, and services offered on or through our website, applications, or other platforms.

Service Agreement

Service Description

HellxCase provides secure information storage and exchange services that allow users to store, manage, share, and protect digital content. Our services include cloud storage, file sharing, collaboration tools, and data protection features as described on our website and in service documentation.

Account Registration

To use our services, you must register for an account. When you register, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

Eligibility

By using our services, you represent and warrant that:

  • You are at least 16 years of age
  • You have the legal capacity to enter into these Terms and Conditions
  • You are not prohibited from using our services under applicable laws
  • If you are using our services on behalf of an organization, you have the authority to bind that organization to these Terms and Conditions

Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

User Responsibilities

Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use our services:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • To transmit, store, or share any material that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
  • To impersonate or attempt to impersonate HellxCase, a HellxCase employee, another user, or any other person or entity
  • To engage in any activity that interferes with or disrupts our services (or the servers and networks connected to our services)
  • To attempt to gain unauthorized access to any part of our services, other accounts, computer systems, or networks connected to our services
  • To use any automated means (such as bots, scripts, or crawlers) to access our services or collect data from our platforms
  • To transmit any viruses, malware, or other code of a destructive nature

Content Responsibility

You are solely responsible for all files, data, and content that you upload, store, or share using our services. You represent and warrant that:

  • You own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use your content as necessary to provide our services
  • Your content does not and will not violate any third-party rights, including intellectual property rights and privacy rights
  • Your content does not contain any material that is illegal, harmful, or violates these Terms and Conditions

We are not obligated to monitor the content you upload, but we reserve the right to review and remove any content that violates these Terms and Conditions or that we consider, in our sole discretion, to be illegal, offensive, threatening, or otherwise harmful.

Account Security

You are responsible for maintaining the security of your account and for all activities that occur under your account. You agree to:

  • Choose a strong password and keep it confidential
  • Enable multi-factor authentication when available
  • Log out from your account at the end of each session
  • Notify us immediately of any unauthorized access or use of your account
  • Ensure that all users who access our services through your account are aware of these Terms and Conditions and comply with them

Prohibited Activities

Without limiting other prohibitions in these Terms and Conditions, you agree not to:

  • Use our services to store, transmit, or share any content that infringes intellectual property rights
  • Upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data
  • Use our services to send unsolicited communications, promotions, or advertisements, or to spam others
  • Use our services to harvest, collect, gather, or assemble information or data regarding other users without their consent
  • Interfere with, disrupt, or create an undue burden on servers or networks connected to our services
  • Attempt to bypass any measures we may use to prevent or restrict access to our services
  • Copy, reproduce, distribute, or reverse engineer any part of our services
  • Use our services for any illegal or unauthorized purpose
  • Use our services to store or transmit content that contains or promotes illegal activities, hate speech, or discrimination

Violation of these prohibitions may result in termination of your access to our services and may also expose you to civil and/or criminal liability.

Limitation of Liability

To the maximum extent permitted by applicable law, HellxCase and its officers, directors, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use our services
  • Any conduct or content of any third party on our services
  • Any content obtained from our services
  • Unauthorized access, use, or alteration of your transmissions or content
  • The deletion of, corruption of, or failure to store any content or other data maintained or transmitted through our services
  • Bugs, viruses, trojan horses, or the like that may be transmitted to or through our services

Our total liability to you for any claim arising from or relating to these Terms and Conditions or our services, regardless of the form of the action, shall be limited to the amount paid by you to HellxCase during the 12 months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless HellxCase and its officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

  • Your access to or use of our services
  • Your violation of these Terms and Conditions
  • Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right
  • Any content you upload, store, or share using our services
  • Any claim that your content caused damage to a third party

This indemnification obligation will survive the termination of these Terms and Conditions and your use of our services.

Intellectual Property

Our Intellectual Property

The HellxCase website, applications, and services, including all text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the property of HellxCase or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate any such content without our express prior written consent.

Your Content

You retain all ownership rights to the content you upload, store, or share using our services. By uploading, storing, or sharing content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content solely for the purpose of providing our services to you. This license exists only for as long as you continue to use our services and terminates when you delete your content from our services or close your account.

Feedback

If you provide us with any feedback, suggestions, improvements, or ideas regarding our services, you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such feedback in any way, including but not limited to incorporating it into our services without any obligation to compensate you.

Privacy and Data Protection

We respect your privacy and are committed to protecting your personal data. Our Privacy Policy, which is incorporated into these Terms and Conditions by reference, explains how we collect, use, and disclose information about you. By using our services, you consent to our collection, use, and disclosure of information as described in our Privacy Policy.

Payment Terms

Subscription Plans

We offer various subscription plans for our services. The features, limitations, and pricing of each plan are described on our website. You agree to pay all fees associated with the plan you select.

Billing

Payment for our services must be made by the methods specified on our website. If you choose a subscription plan, you authorize us to charge your payment method on a recurring basis until you cancel your subscription. All fees are non-refundable except as expressly stated in our Refund Policy.

Price Changes

We reserve the right to change our prices at any time. If we change the pricing for your subscription plan, we will notify you at least 30 days before the change takes effect. Your continued use of our services after the price change becomes effective constitutes your agreement to pay the changed amount.

Late Payments

If your payment is not received by the due date, we may suspend or terminate your access to our services. You will remain responsible for all amounts due up to and including the date of termination.

Taxes

You are responsible for paying all taxes associated with your use of our services, except for taxes based on our net income.

Termination

Termination by You

You may terminate your account and these Terms and Conditions at any time by following the instructions on our website or by contacting us. Upon termination, you will no longer have access to our services, and we may delete your content from our systems.

Termination by Us

We may terminate or suspend your account and these Terms and Conditions at any time, without prior notice or liability, for any reason, including, without limitation, if you breach any provision of these Terms and Conditions. Upon termination, your right to use our services will cease immediately.

Effect of Termination

Upon termination of these Terms and Conditions, any provisions that by their nature should survive termination shall remain in effect, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

Governing Law and Dispute Resolution

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles.

Dispute Resolution

Any dispute arising out of or relating to these Terms and Conditions, or the breach thereof, shall be settled by arbitration administered by the London Court of International Arbitration under its rules. The arbitration shall take place in London, United Kingdom, and shall be conducted in the English language. The decision of the arbitrator shall be final and binding.

Waiver of Class Actions

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Injunctive Relief

Notwithstanding the foregoing, HellxCase may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

Changes to Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. If we make material changes to these Terms and Conditions, we will notify you by email or by posting a notice on our website before the changes become effective. Your continued use of our services after the effective date of the revised Terms and Conditions constitutes your acceptance of the changes.

It is your responsibility to review these Terms and Conditions periodically for changes. If you do not agree with the revised Terms and Conditions, you must stop using our services.

Miscellaneous

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and HellxCase concerning your use of our services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and HellxCase.

Waiver

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of HellxCase.

Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Assignment

You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms and Conditions without such consent will be null and void. We may assign or transfer these Terms and Conditions, at our sole discretion, without restriction.

Force Majeure

We will not be liable for any failure or delay in our performance under these Terms and Conditions due to causes beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Contact Us

If you have any questions about these Terms and Conditions, please contact us at:

HellxCase Ltd

599 Ryan Motorway, New Bruce, PR8 4RH, United Kingdom

+445679128782

legal@hellxcase.com

Reg. No: 64368843