Mobile Helix Inc Terms of Use

Mobile Helix, Inc., Terms of Use 

Introduction 

Welcome to Mobile Helix, Inc. (“Company”, “we”, “our”, “us”). 

These Terms of Use (“Terms”, “Terms of Use”) govern your use of our mobile application, “Mobile Helix LINK App,” and our middleware system, “Mobile Helix LINK System,” (together or individually “Application”) developed and licensed by by Mobile Helix, Inc.  

The Application is an enterprise software offering. It is licensed to an entity, e.g., a law firm, which then distributes the Mobile Helix LINK App to its employees. The Application is not license to individuals. End users cannot register to use the Application on the http://mobilehelix.com website. The Application must be provisioned to the end-user by the entity.  

The Mobile Helix LINK App is a highly secure mobile app which provides access to and workflows with key resources used by knowledge professionals, e.g., attorneys. For example, at a given entity the Mobile Helix LINK App may provide access to the entity’s document management system, Outlook, and SharePoint. The Application includes the Mobile Helix LINK System, which is software which is installed on virtual machines which are on-premises at the entity or otherwise managed by the entity. The Application is not a Software-as-a-Service offering.  

The Application is licensed via the Mobile Helix, Inc., Software License Agreement and Support and Maintenance Policy which is executed between Mobile Helix, Inc., and the entity. The license is not executed via the Mobile Helix website.  

Privacy 

Mobile Helix does not have access to the data running on the Application which is managed by the entity. The entity distributes the Application to its employees. The Application connects with the hosting entity’s enterprise resources and enables users/employees to access the data, files, and applications which they use for work. The Application is encrypted, remotely wipeable, authenticated using certificates as well as other methods including Single Sign-on.  

The Application does not report any information about the users of the Application to Mobile Helix. An entity may provide limited information via email or via a support request. Support requests are managed by Mobile Helix in a top-tier, security-vetted issue management system. 

The full Mobile Helix Privacy Policy may be found here: Privacy   

Fees  

Terms of pricing and price changes are included in the Mobile Helix Software License Agreement which is executed between the two parties. Mobile Helix, Inc., in its sole discretion and at any time, may modify fees for the Application. 

Refunds 

Mobile Helix, Inc., does not agree to provide refunds. Any exceptions would be included in the terms of Mobile Helix Software License Agreement to be executed between the parties.  

Content 

Content found on or through this Application are the property of Mobile Helix, Inc., or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. 

Prohibited Uses 

You may use Application only for lawful purposes and in accordance with Terms. You agree not to use the Application in any way that violates any applicable national or international law or regulation. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Application, or which, as determined by us, may harm or offend Company or users of Application or expose them to liability. 

Additionally, you agree not to: 

Use Application in any manner that could disable, overburden, damage, or impair Application or interfere with any other party’s use of Application, including their ability to engage in real time activities through Application. Use any robot, spider, or other automatic device, process, or means to access Application for any purpose, including monitoring or copying any of the material on Application. Use any manual process to monitor or copy any of the material on Application or for any other unauthorized purpose without our prior written consent. Use any device, software, or routine that interferes with the proper working of Application. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Application, the server on which Application is stored, or any server, computer, or database connected to Application. Attack Application via a denial-of-service attack or a distributed denial-of-service attack. Take any action that may damage or falsify Company rating. Otherwise attempt to interfere with the proper working of Application.  

Use by Minors 

The Application is intended only for access and use by individuals who are employed at entities which have licensed the Application to enhance their business processes. The Company does not impose any age restriction on the use of the Application.  

Accounts 

We do not provision accounts via our website. Setting up an account is a formal business process which includes the execution of the Mobile Helix Software License Agreement. Termination rights are addressed in the agreement.  

Intellectual Property 

Application and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Mobile Helix, Inc., and its licensors. Application is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any Application or service without the prior written consent of Mobile Helix, Inc.  

Copyright Policy 

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Application infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. 

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@mobilehelix.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims” 

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad faith claims on the infringement of any Content found on and/or through Application on your copyright. 

DMCA Notice and Procedure for Copyright Infringement Claims 

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on Application where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You can contact our Copyright Agent via email at contact@mobilehelix.com. 

Error Reporting and Feedback 

You may provide us either directly at contact@mobilehelix.com suggestions for improvements, ideas, problems, complaints, and other matters related to our Application (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose. 

Links to Other Websites 

Our Application may contain links to third party web sites or services that are not owned or controlled by Mobile Helix, Inc.  

Mobile Helix, Inc., has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. 

YOU ACKNOWLEDGE AND AGREE THAT MOBILE HELIX, INC., SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES. 

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT. 

Disclaimers 

EXCEPT AS EXPRESSLY SPECIFIED, THE APPLICATION, SOFTWARE, DOCUMENTATION AND SUPPORT SERVICES ARE PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND.  NEITHER LICENSOR NOR ITS LICENSORS WARRANT THAT THE SOFTWARE WILL BE COMPATIBLE WITH ANY APPLICATION OR OTHERWISE MEET LICENSEE'S BUSINESS REQUIREMENTS, OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR (FOR ITSELF AND ITS LICENSORS) HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION AND SUPPORT SERVICES INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. 

LIMITATION OF LIABILITY 

EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF DAMAGES OR LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, AND EXCEPT IN THE CASE OF (I) BREACH OF SECTION 5 (CONFIDENTIALITY) OR SECTION 6 (PROPRIETARY RIGHTS) OR (II) LIABILITIES PURSUANT TO SECTION 8 (INDEMNIFICATION), IN NO EVENT SHALL EITHER PARTY (OR LICENSOR'S LICENSORS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OF DATA, LOSS OR INTERRUPTION OF USE, OR COSTS OF PROCURING SUBSTITUTE TECHNOLOGIES, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, (D) IN THE CASE OF LICENSOR (AND ITS LICENSORS), AGGREGATE DAMAGES IN EXCESS OF THE AMOUNT PAID HEREUNDER DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE, OR (E) IN THE CASE OF LICENSEE, AGGREGATE DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAYABLE HEREUNDER, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. 

Payment 

All amounts cited in the Mobile Helix License Schedule, as executed by the parties, shall be paid in full (without deduction, set-off or counterclaim) within 30 days after invoice in US dollars at Licensor's address or to an account specified by Licensor. Any amount not paid when due shall bear a late payment charge, until paid, at the rate of 1.0% per month or the maximum amount permitted by law, whichever is less. Licensee agrees to reimburse Licensor for all costs and expenses (including attorneys' fees) incurred in collecting late payments. 

Termination 

Mobile Helix Software License Agreement may be terminated by either party (a) if the other party materially breaches a provision of this Agreement and fails to cure such breach within 30 days (10 days in the case of any payment breach) after receiving written notice of such breach from the non-breaching party or (b) immediately upon written notice, if the other party makes any assignment for the benefit of creditors, or a receiver, trustee in bankruptcy or similar officer is appointed to take charge of any or all of the other party's property, or the other party seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding or such a proceeding is instituted against the other party and is not dismissed within 90 days, or the other party becomes insolvent or, without a successor, dissolves, liquidates or otherwise fails to operate in the ordinary course. 

Further Terms and Conditions are addressed in the Mobile Helix Software License Agreement. You may request a copy by writing to: contact@mobilehelix.com. 

Support and Maintenance Policy 

Technical Support Request (TSR) Incident Definitions and Service Level Aspirations (SLAs) 

• ALL RESPONSE TIMES ARE BASED UPON REQUESTS LOGGED TO SUPPORT@MOBILEHELIX.COM. 

1. DEFINITIONS.

Update  means any new version of the Software or Documentation that is released generally to licensees without charge, which contains new features or corrections to previously identified errors. 

1. SUPPORT.

2.1  Licensor Obligations.  Licensor will provide the following technical support and maintenance services to Licensee, in English, for the current version of the Software: 

a. Problem reporting, tracking and monitoring by electronic mail. 

b. Telephone support for problem determination, verification and resolution (or instruction as to work-around, as applicable), on a call-back basis, weekdays from 9:00 a.m. to 8:00 p.m. Eastern Time, excluding holidays. 

c. Commercially reasonable efforts to promptly diagnose and resolve material defects and errors in the Software and Documentation as detailed above in the Technical Support Request (TSR) Incident Definitions and Service Level Aspirations (SLAs) summary table. 

d. 1 copy of each Update. 

2.2  Licensee Obligations.  Licensee agrees: 

a. The Support Contacts identified above (or such replacements as designated in writing) will be the sole contacts for the coordination and receipt of the Support Services, and such persons shall be trained and knowledgeable about how the Software is being used, its operating environment and the like. 

b. To maintain an internet address for electronic mail communications with Licensor. 

c. To provide reasonable supporting data (including written descriptions of problems) as requested by Licensor, and to otherwise aid Licensor in identifying reported problems. 

d. To provide Licensor with remote access to Licensee's hardware and run time platforms as reasonably necessary to perform the Support Services.  Licensee agrees to be solely responsible for protecting and backing up its systems, software and data prior to any such access. 

2.3  Limitations.  Support Services will not be provided for any Software not identified in the License Schedule (Exhibit 1 attached), or for which the applicable license fees have not been paid. 

1. REVISIONS.

  Licensor has no obligation to revise or update the Software.  However, Licensor will provide Licensee with any Update that it makes generally available to its licensees without charge, which Licensee shall promptly use in place of any prior version.  Any Update delivered by way of the Support Services shall be treated under this Agreement as Software or Documentation (as the case may be) and all intellectual property rights therein shall be retained by Licensor. 

1. OUT OF SCOPE.

  Licensee agrees that Licensor will have the right to charge in accordance with its then current policies for any services resulting from (a) Licensee's modification of any Software, (b) problems, errors or inquiries relating to servers, mobile devices or software other than the Software, (c) Licensee's use of any unsupported version of the Software or (d) Licensee's failure to maintain Support Services in effect throughout the term of the Agreement. 

 Terms of Use Effective date: 2023-06-12