Privacy Policy

Effective Date: January 18, 2025

HelpOne Software
108 Village Square
Suite 189

legal@helponesoftware.com

This web page represents a legal document and is the Privacy Policy for our website, www.helponesoftware.com, services, mobile app, web app, desktop app hereinafter and collectively referred to as the Website.

To use our Website and Products, you must register to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Products are intended solely for Users who are at least (18) years old or older. Any registration by, use of, or access to our Website and Products by anyone under that age is unauthorized, unlicensed, and in violation of this Agreement. By using our Website and Products, you represent and warrant that you are (18) years old or older and agree to obey all the terms of this Agreement. HelpOne Software has sole right and discretion to decide whether to accept a Member and may reject a Member's registration with or without explanation.

When you complete the registration process, you may receive a password that will allow you to access our Website and Products. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur by using your password.

You agree to immediately tell us of any unauthorized use of your password or any other breach of security. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

This Agreement is between you and HelpOne Software.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EVERY TERM AND CONDITION SET FORTH HERE, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE ACCESS AND BROWSE IT FURTHER.

Except as otherwise noted, this Agreement makes up the entire and only Agreement between you and HelpOne Software and supersedes all other Agreements, representations, warranties, and understandings about our Website, Products, and the subject matter here. However, for you to use our Website and Products, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

Any legal controversy or claim arising from or relating to this Agreement and/or our Website and Products, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Products, will be settled solely by binding arbitration following the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration will be conducted in Somers, NY and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Somers, NY necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.

The parties agree that any dispute, controversy, or claim arising out of or in connection with this agreement, or the breach, termination, or invalidity thereof, shall be resolved exclusively through binding arbitration conducted under the International Arbitration Rules. The arbitration shall be held in a neutral location to be agreed upon by the parties, ensuring fairness and impartiality in the dispute resolution process. The number of arbitrators will be Each party will bear half the arbitration fees and costs.

The arbitration award shall be final and binding on the parties, and the parties agree to the enforcement of the award in any competent jurisdiction, under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The parties expressly waive their right to resolve disputes through national courts, except to enforce this arbitration agreement or the arbitration award. This arbitration provision may only be amended by mutual written consent of the parties.

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Products does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of HelpOne Software.

Our Content, as found within our Website and Products, is protected under the United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Products does not grant you any ownership rights to our Content.

Our Website publishes content supplied by third parties, Users, advertisers, merchants, and sponsors. Accordingly, HelpOne Software has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other User of our Website, are those of the respective author(s) and not of HelpOne Software. HelpOne Software does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.

You understand that we do not operate or control the products or services offered by third-party merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered between you and merchants. You agree that the use of or purchase from such merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of merchants will apply to you while on any merchant website.

You acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and HelpOne Software or our Members. You agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Products.

HelpOne Software is not responsible or liable in any manner for any Content posted on our Website or in connection with our Products, whether posted or caused by Members of our Website, or by HelpOne Software. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Products, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Products. HelpOne Software is not responsible for the online or offline conduct of any User of our Website or Products.

Our Website or Products may be temporarily unavailable from time to time for maintenance or other reasons. HelpOne Software assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.

HelpOne Software is not responsible for any technical problem or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or any failure of email because of technical problems or traffic congestion on the Internet, or any combination–including injury or damage to Members' or any other person's computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Products, including, without limitation, any software provided through our Website or Products.

Under no circumstances will HelpOne Software be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone's use of our Website or Products, or any interactions between Users of our Website or Products, whether online or offline. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, or supplier, does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or used by our Products.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED 'AS-IS', 'AS AVAILABLE, WITH 'ALL FAULTS'; AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

HELPONE SOFTWARE, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY AT ALL FOR YOUR USE OF OUR WEBSITE OR PRODUCTS. HELPONE SOFTWARE CAN NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO RELATED SOFTWARE. HELPONE SOFTWARE DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, PRODUCTS, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, PRODUCTS, AND RELATED SOFTWARE IS DISCLAIMED.

WITHOUT LIMITATION, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR PRODUCTS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF IT AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HELPONE SOFTWARE.

OUR WEBSITE AND PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OR FROM OUR WEBSITE OR PRODUCTS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.