Agreement to Terms
These Terms & Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and HellcaseA ("Company", "we", "us", or "our"), concerning your access to and use of the HellcaseA platform and services available at hellcasea.com (the "Platform").
By accessing or using our Platform, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Platform. We recommend that you print a copy of these Terms for future reference.
These Terms apply to all visitors, users, and others who access or use the Platform. By using the Platform, you represent and warrant that you are at least 16 years of age or that you are accessing the Platform under the supervision of a parent or legal guardian.
Our Services
HellcaseA provides a comprehensive platform for mobile app development, including development tools, cloud infrastructure, analytics, and related services ("Services"). The specific features and capabilities available to you will depend on the subscription plan you choose.
We may update, change, or discontinue any aspect of our Services at any time. We will make reasonable efforts to notify you of significant changes that may affect your use of the Services.
Service Availability
We strive to ensure that our Services are available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted service, and we reserve the right to suspend access to the Platform for scheduled or unscheduled maintenance, upgrades, or improvements.
Service Levels
For paid subscription plans, we provide specific service level agreements (SLAs) as described in your subscription agreement. Free plans are provided on an "as-is" and "as-available" basis without any SLA commitments.
User Accounts
Account Creation
To access certain features of the Platform, you must create an account. When you create an account, you must 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.
Account Security
You agree to:
- Immediately notify us of any unauthorized use of your account or any other breach of security
- Ensure that you exit from your account at the end of each session when using a shared computer
- Not share your account credentials with any third party
- Maintain the security of your account by using strong passwords and enabling two-factor authentication when available
Account Responsibility
You are solely responsible for all activities that occur under your account. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.
Rules of Use
By using our Platform, you agree to abide by the following rules of conduct:
Prohibited Activities
You agree not to:
- Use the Platform in any way that violates any applicable law or regulation
- Use the Platform to transmit or distribute malware, viruses, or other harmful code
- Attempt to gain unauthorized access to any portion of the Platform or any other systems or networks connected to the Platform
- Interfere with or disrupt the operation of the Platform or servers or networks connected to the Platform
- Conduct security testing or vulnerability scanning of the Platform without our express written permission
- Use the Platform to send unsolicited communications, promotions, or advertisements
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
- Engage in any activity that could disable, overburden, damage, or impair the Platform
- Use any robot, spider, or other automated device to access the Platform
- Bypass any measures we may use to prevent or restrict access to the Platform
Acceptable Use Policy
You agree to use our Platform only for lawful purposes and in accordance with these Terms. The Platform may not be used to develop applications that:
- Promote or facilitate illegal activities
- Are discriminatory, defamatory, or hateful
- Contain sexually explicit content or pornography
- Infringe upon the intellectual property rights of others
- Collect or store personal information from users without proper consent
- Violate any third-party terms of service
- Misrepresent the relationship with or endorsement of HellcaseA
We reserve the right to monitor the applications developed using our Platform and to remove or restrict access to applications that violate this acceptable use policy.
User Content
"User Content" refers to any information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials that you upload, post, publish, or display on or through the Platform.
Ownership of User Content
You retain all ownership rights in your User Content. By submitting User Content to the Platform, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content for the purpose of providing and improving our Services.
Content Responsibility
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that:
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your User Content
- Your User Content does not violate the privacy rights, publicity rights, copyright, contractual rights, or any other rights of any person or entity
- Your User Content does not contain material that is unlawful, obscene, defamatory, threatening, harassing, abusive, or hateful
Content Monitoring
We do not actively monitor User Content but reserve the right to review and remove any User Content that violates these Terms or that we find objectionable for any reason. We are not responsible for the accuracy, completeness, appropriateness, or legality of User Content.
Intellectual Property
Our Intellectual Property
The Platform and its original content, features, and functionality are owned by HellcaseA and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HellcaseA.
License to Use Platform
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for your personal or internal business purposes. This license does not allow you to:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Platform
- Use the Platform for any commercial purpose other than as expressly permitted by these Terms
- Use any data mining, robots, or similar data gathering or extraction methods
- Decompile, reverse engineer, or disassemble any portion of the Platform
- Access the Platform to build a competitive product or service
Third-Party Intellectual Property
The Platform may include content, code, or other materials owned by third parties. All third-party content is the property of its respective owners and is protected by copyright and other intellectual property laws. Your use of such content may be subject to additional terms and conditions provided by the third-party content provider.
Payment Terms
Subscription Plans
HellcaseA offers various subscription plans, including a free plan and paid plans with different features and capabilities. The specific terms, features, and pricing for each plan are described on our website.
Payment Processing
For paid plans, you agree to pay all fees in accordance with the pricing and payment terms in effect at the time of your subscription or renewal. You must provide us with a valid payment method for all paid subscriptions. All payments are processed securely through our payment service providers.
Billing Cycle
We will bill you on a recurring basis (monthly or annually, depending on your subscription plan) until your subscription is terminated. If you choose an annual subscription, we will bill you the annual fee at the start of each annual period.
Price Changes
We reserve the right to change our prices at any time. If we change the pricing of your current subscription plan, we will notify you at least 30 days before the change takes effect. Your continued use of the Platform after the price change becomes effective constitutes your agreement to pay the modified price.
Taxes
Unless otherwise stated, all fees are exclusive of applicable taxes (such as value-added tax, sales tax, or similar taxes). You are responsible for paying all taxes associated with your subscription.
Refunds
Refunds are handled in accordance with our Refund Policy, which is available at refund-policy.html.
Disclaimers
Service Disclaimers
The Platform is provided on an "as is" and "as available" basis. HellcaseA and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement.
Neither HellcaseA nor its suppliers and licensors make any warranty that:
- The Platform will meet your requirements
- The Platform will be uninterrupted, timely, secure, or error-free
- The results that may be obtained from the use of the Platform will be accurate or reliable
- The quality of any products, services, information, or other material purchased or obtained through the Platform will meet your expectations
- Any errors in the Platform will be corrected
Third-Party Services
The Platform may integrate with or enable access to third-party services. We do not control these third-party services and are not responsible for their content, operations, or practices. Your use of third-party services may be subject to additional terms and conditions provided by the third party.
Limitation of Liability
In no event shall HellcaseA, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from:
- Your use of or inability to use the Platform or any content thereon
- Any unauthorized access to or use of our secure servers and/or any personal information stored therein
- Any interruption or cessation of transmission to or from the Platform
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the Platform
In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability is limited to the maximum extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold harmless HellcaseA, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Platform
- Your violation of any term of these Terms
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right
- Any claim that your User Content caused damage to a third party
This defense and indemnification obligation will survive these Terms and your use of the Platform.
Termination
Termination by You
You may terminate your account and subscription at any time by following the instructions on the Platform or by contacting our customer support. Upon termination, you will lose access to any features or content associated with your account.
Termination by Us
We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
We also reserve the right to discontinue the Platform or any part of it at any time, with or without notice. In the event of such discontinuation, we will provide a pro-rata refund for any prepaid but unused subscription fees.
Effect of Termination
Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Modifications to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of such changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms.
If you do not agree to the new Terms, you must stop using the Platform. We recommend reviewing these Terms periodically for any changes.
General Provisions
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Dispute Resolution
Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the London Court of International Arbitration. The arbitration shall take place in London, United Kingdom, in the English language.
Waiver and Severability
The failure of HellcaseA to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Assignment
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.
Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices and agreements published by HellcaseA, constitute the entire agreement between you and HellcaseA concerning the Platform.
Force Majeure
HellcaseA shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
