Last updated June 05 2024
Helpee is licensed to You (End-User) by Helpee LLC located and registered at Illinois United States ("Licensor") for use only under the terms of this License Agreement.
By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store") and any update thereto (as permitted by this License Agreement) You indicate that You agree to be bound by all of the terms and conditions of this License Agreement and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application such as warranty liability maintenance and support thereof. Helpee LLC not the Services is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). Helpee LLC acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
Helpee when purchased or downloaded through the Services is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Helpee is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").
Helpee ("Licensed Application") is a piece of software created to Connect users with services providers. — and customized for iOS and Android mobile devices ("Devices"). It is used to Connect users with services providers.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA) Federal Information Security Management Act (FISMA) etc.) so if your interactions would be subjected to such laws you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2.1 You are given a non-transferable non-exclusive non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace repair and/or supplement the first Licensed Application unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules and with Helpee LLC's prior written consent) sell rent lend lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer translate disassemble integrate decompile remove modify combine create derivative works or updates of adapt or attempt to derive the source code of the Licensed Application or any part thereof (except with Helpee LLC's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license the Usage Rules and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party you must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above as well as the attempt of such infringement may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application You must ensure that You comply with applicable third-party terms and conditions.
3.1 The Licensed Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in App Store or Play Store Overview for this Licensed Application.
4.2 Helpee LLC and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy which can be found at the bottom of the Licensed Application.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device system and application software and peripherals offer product support facilitate the software updates and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you as long as it is in a form that does not personally identify you.
The Licensed Application may invite you to chat contribute to or participate in blogs message boards online forums and other functionality and may provide you with the opportunity to create submit post display transmit perform publish distribute or broadcast content and materials to us or in the Licensed Application including but not limited to text writings video audio photographs graphics comments suggestions or personal information or other material (collectively "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions you thereby represent and warrant that:
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in among other things termination or suspension of your rights to use the Licensed Application.
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts you automatically grant and you represent and warrant that you have the right to grant to us an unrestricted unlimited irrevocable perpetual non-exclusive transferable royalty-free fully-paid worldwide right and license to host use copy reproduce disclose sell resell publish broadcast retitle archive store cache publicly perform publicly display reformat translate transmit excerpt (in whole or in part) and distribute such Contributions (including without limitation your image and voice) for any purpose commercial advertising or otherwise and to prepare derivative works of or incorporate into other works such Contributions and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form media or technology now known or hereafter developed and includes our use of your name company name and franchise name as applicable and any of the trademarks service marks trade names logos and personal and commercial images you provide. You waive all moral rights in your Contributions and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right in our sole and absolute discretion (1) to edit redact or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to pre-screen or delete any Contributions at any time and for any reason without notice. We have no obligation to monitor your Contributions.
8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only if essential contractual duties (i.e. duties necessary to achieve the object of the contract) are breached Licensor shall also be liable in cases of slight negligence. In any case liability shall be limited to the foreseeable contract-typical damages. The limitation mentioned above shall not apply to injuries to life limb or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application You will not have access to licensed Application.
9.1 Licensor warrants that the Licensed Application is free of spyware trojans viruses or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the device that has been unauthorizedly modified hacked rooted or jailbroken.
9.3 You must inform Licensor about any warranty breaches within 48 hours of discovery. If we confirm a breach of warranty You may need to download a new copy of the Licensed Application from the Services. If applicable the refund shall be claimed from the Services.
9.4 If the End-User is an entrepreneur no warranty is granted.
Helpee LLC and the End-User acknowledge that Helpee LLC and not the Services is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application including but not limited to (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
For general inquiries complaints questions or claims concerning the Licensed Application please contact:
The license is valid until terminated by Helpee LLC or by You. Your rights under this license will terminate automatically and without notice from Helpee LLC if You fail to adhere to any term(s) of this license. Upon License termination You shall stop all use of the Licensed Application and destroy all copies whether full or partial of the Licensed Application.
Helpee LLC represents and warrants that Helpee LLC will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and upon Your acceptance of the terms and conditions of this License Agreement Apple or Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
Helpee LLC and the End-User acknowledge that in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights Helpee LLC and not the Services will be solely responsible for the investigation defense settlement and discharge or any such intellectual property infringement claims.
This License Agreement is governed by the laws of the State of Delaware excluding its conflicts of law rules.
17.1 If any of the terms of this agreement should be or become invalid the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.