VERIHELP TERMS OF SERVICE
USING THE SERVICES
- Use of Services – You must follow any guidelines or policies associated with the Services. You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.
- User Conduct – In your use of the Services, you agree not to:
- obtain or attempt to obtain unauthorized access to the Services or to VeriHelp’s servers, systems, network, or data;
- violate any applicable laws or regulations;
- make unsubstantiated or maliciously false statements, or seed the Services with false data;
interfere with or disrupt the Services or servers, systems or networks connected to the Services in any way;
- impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Service;
- make available any content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person or entity;
post content containing advertisements or other commercial solicitations without our prior written permission; or
- make available viruses or any other computer code, files, programs, or content designed to interrupt, destroy, or limit the functionality of the Services or affect other users.
- User Restrictions – The Service is not available for use by persons under the age of 13. You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit any portion or use of, or access to, the Services (including content, advertisements, APIs, and software), except as expressly permitted by VeriHelp; (iii) decompile, reverse engineer, or disassemble the Services unless applicable laws prohibit those restrictions or you have VeriHelp’s explicit written permission; (iv) link to, mirror, or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
- User Provided Content – In your use of the Services, you agree that:
- VeriHelp will, as needed and at VeriHelp’s sole discretion, require you to submit, upload, publish, or otherwise make available to VeriHelp, through the Services textual, audio, and/or visual content and information, including images, contact information, commentary, rating, and feedback related to the Services, initiation of support requests, and submission of user’s details (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to VeriHelp, you grant VeriHelp a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and VeriHelp’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity;
- you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant VeriHelp the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing, or otherwise making available of such User Content nor VeriHelp’s use of the User Content as permitted herein will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and
- you agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by VeriHelp at its sole discretion, whether or not such material may be protected by law. VeriHelp may, but shall not be obligated to, review, monitor, or remove User Content, at VeriHelp’s sole discretion, and at any time and for any reason, without notice to you.
- Ownership – The Services and all rights therein are and shall remain VeriHelp’s property or the property of VeriHelp’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner VeriHelp’s company name, logos, product and services names, trademarks or services marks, or those of VeriHelp’s licensors.
- License – Subject to your continuing compliance with these Terms, VeriHelp grants you a limited, non-transferable, non-assignable, non-sublicensable, revocable, and non-exclusive license to access and use the Services as provided by VeriHelp, solely in the manner permitted by these Terms and any additional terms or guidelines. VeriHelp software may automatically download and install security or other updates without prior notification to you. Any rights not expressly granted herein are reserved by VeriHelp and VeriHelp’s licensors.
- Fees – VeriHelp will charge fees for the use of or access to the Services (and any associated support), whether currently in existence or not, for which VeriHelp’s payment terms listed below will apply.
- Feedback – You agree that any recommendation, idea, proposal, suggestion, feedback, or other input (“Feedback”) you submit to VeriHelp related to its products, services, websites, apps, or technology may be used by VeriHelp without any notice, obligation, restriction, reimbursement, or compensation to you, and you waive (or agree not to enforce) any and all rights that may now or in future exist (including moral and equivalent rights) in any Feedback.
- Anti-Corruption Laws – You agree to comply with all applicable anti-corruption laws including laws that prohibit unlawful payments to anyone for a corrupt purpose in relation to these Terms.
- Different Versions of the Services – Different features may be available in different versions of the Services and not all features may be available in your country or region.
- Export Control – You agree to comply with the export control laws and regulations of the United States and trade controls of other applicable countries, including without limitation the Export Administration Regulations of the U.S Department of Commerce, Bureau of Industry and Security and the embargo and trade sanction programs administered by the U.S. Department of Treasury, Office of Foreign Assets Control. You represent and warrant that you: (1) are not a prohibited party identified on any government export exclusion lists (see e.g., http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm); (2) will not re-export or use the Services to transfer software, technology, or other technical data to prohibited parties or countries; and (3) will not use the Services for military, nuclear, missile, chemical or biological weaponry end uses or conduct any other activities involving the Services that violate the export and import laws of the U.S. or other applicable countries.
- Anti-Abuse Policy –You may not, in connection with the Services, engage in commercial activity on non-commercial properties or apps or high volume activity without VeriHelp’s prior written consent. You may not engage in conduct or activity that is disruptive to the Services or the experience of other users.
- Envrmnt 360 Terms – The Envrmnt 360 terms applies to U.S. users and can be found here and here in Spanish.
- Account Information – In order to use most aspects of the Services, you must register for and maintain an active user Services account (“Account”). Account registration requires you to submit to VeriHelp certain personal information, such as your name, address, and mobile phone number. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or VeriHelp’s termination of these Terms with you.
- Access to your Account – You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. Unless otherwise permitted by VeriHelp in writing, you may only possess one Account. Without prejudice to your statutory rights, if you forget your password and otherwise cannot validate your Account to VeriHelp, you acknowledge and agree that your Account may be inaccessible to you and that all data associated with the Account may not be retrievable.
- Notices – VeriHelp may provide you with notices, including service announcements and notices regarding changes to these Terms, by, but not limited to, email, regular mail, text (SMS) message, MMS, push notification, or in-app message, postings on the Services, telephone, or other reasonable means now known or hereafter developed. You consent to receive these notices by any and all of the foregoing means. You may not receive notices if you violate the Terms by accessing the Services in an unauthorized manner, and you will be deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
DATA PRIVACY AND PROTECTION
FEE-BASED SERVICES AND BILLING
Unless otherwise specified, the terms in this section apply to you.
- We offer products and subscriptions for a fee (“fee-based Services”). These fee-based Services are governed by the additional terms you agree to when you register for the fee-based Service and these Terms. If you register for a fee-based Service, you must designate a payment method and provide us with accurate billing and payment information and you have the continuing obligation to keep it up to date.
- The following important provisions apply to all of our fee-based services:
- Payments – You agree to pay us for any fee-based Services you purchase from us, as well as all other charges incurred under your Account, including applicable taxes and fees. You are responsible for all charges incurred under your Account, including purchases made by you or anyone you allow to use your Account or anyone who gains access to your Account as a result of your failure to safeguard your authentication credentials.
- Payment Methods – You authorize and direct us to charge your designated payment method for these charges or, if it fails, to charge any other payment method you have on file with us, even if we received it in association with other fee-based Services. You are responsible for all charges even if your payment method fails or is denied. You authorize and direct us to retain all information about any payment method(s) associated with your account. We may import payment information you entered during a prior purchase and provide you the option to use that payment information during purchase of a new product. You permit us to obtain and use updated information from the issuer of your payment method in accordance with the policies and procedures of any applicable card brands. We may in some instances continue charging a payment method past its expiration date at our discretion and subject to the payment processors’ or issuing bank’s approval. Surcharges may apply if you use certain payment methods, such as payment from your checking or savings account.
- Payment Terms – We may charge for fee-based Services in advance and on a daily, monthly, yearly, lump sum, or other basis in accordance with the stated terms, as long as your subscription remains active, even if you have not used the Service or accessed your Account.
- Free Trials – VeriHelp may offer you free trials, so that you may try a fee-based Service subscription without charge or obligation (“Free Trial”). Unless otherwise stated and unless you cancel your subscription prior to the expiration of the Free Trial, periodic subscription fees will be charged at the then-applicable rate upon expiration of the Free Trial period and will continue to be charged until the subscription is cancelled. If you are not satisfied with a particular fee-based Service, you must cancel the subscription before the Free Trial ends to avoid charges. VeriHelp reserves the right to limit you to one Free Trial or promotion of a fee-based Service and to prohibit the combining of Free Trials or other promotional offers.
- No Refunds – All charges are non-refundable unless provided otherwise in the terms you agree to when you register for a fee-based Service.
- Termination – VeriHelp, in its sole discretion, may change, discontinue, or terminate any or all aspects of a fee-based Service without notice, including access to support services, content, and other products or services ancillary to the fee-based Service, subject to providing an appropriate refund for any portions of a specified but no longer available term. You may cancel a fee-based Service at any time by calling VeriHelp’s support number or sending an email to firstname.lastname@example.org instructing VeriHelp to terminate the subscription.
- Change in Fees and Billing Method – VeriHelp may change its fees and billing methods at any time. VeriHelp will provide you with notice of any price increase at least thirty (30) days in advance. Subject to applicable law, (i) if you disagree with any proposed change, your sole remedy is to cancel your fee-based Service before the price change takes effect and (ii) your continued use of or subscription to the Service after the price change takes effect constitutes your agreement to pay the new price for the Service.
- Delinquency – After 30 days from the date of any unpaid charges, your fee-based Service will be deemed delinquent and VeriHelp may terminate or suspend your account and fee-based Service for non-payment. You are liable for any fees, including attorney and collection fees, incurred by VeriHelp in its efforts to collect any remaining balances from you.
- 90-Day Notice Period – You must notify VeriHelp about any billing problems or discrepancies within 90 days of their first appearance on your billing method statement. If you do not bring them to VeriHelp’s attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. VERIHELP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, VERIHELP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. VERIHELP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
VERIHELP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH OR OTHERWISE RESULTING FROM, ANY USE OF THE SERVICES, EVEN IF VERIHELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VERIHELP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF VERIHELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VERIHELP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND VERIHELP’S REASONABLE CONTROL. IN NO EVENT SHALL VERIHELP’S TOTAL LIABILITY TO YOU, IN CONNECTION WITH THE SERVICES, FOR ALL DAMAGES, LOSSES, AND CAUSE OF ACTION EXCEED ONE THOUSAND INDIAN RUPEES.
VERIHELP’S SERVICES MAY BE USED BY YOU TO MANAGE THIRD PARTY PROVIDERS AND THEIR SERVICES, BUT YOU AGREE THAT VERIHELP HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
You agree to indemnify and hold VeriHelp and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorney’s fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) VeriHelp’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
GOVERNING LAW AND ARBITRATION
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Seattle, WA, USA. Any dispute, conflict, claim, or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction, or its enforceability (any “Dispute”) shall be resolved via arbitration by one (1) arbitrator appointed by VeriHelp. The existence and content of arbitration proceedings, including documents and briefs submitted by the parties including correspondence between either party and the arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party, unless (i) the disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
VeriHelp may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to VeriHelp by written communication to VeriHelp’s address at No. 26/1, 1st and 2nd Floor, IBIS Hotel, Hosur Road, Bommanahalli, Bangalore, Karnataka 560068, India.
ABOUT THESE TERMS
- Scope of the Terms – These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.
- Supplemental Terms – Supplemental terms may apply to certain Services, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
- Modification of the Terms – VeriHelp may amend the Terms related to the Services from time to time. Amendments will be effective upon VeriHelp’s posting of such updated Terms at this location on the amended policies of supplemental terms of the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
- Termination of the Terms – VeriHelp may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
- Assignment by VeriHelp – You may not assign or transfer these Terms in whole or in part without VeriHelp’s prior written approval. You give your approval to VeriHelp for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of VeriHelp’s equity, business, or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, VeriHelp, or any Third Party Provider as a result of the contract between you and VeriHelp or use of the Services. If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall, to that extent, be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid, or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid, or unenforceable provision or part thereof, given the contents and purpose of these Terms.