Terms of Service

V 1.1 Last updated 23rd April 2022

Interpretation

The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.


Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by, or is under common control with a party, whereas "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
  • Country refers to India
  • Heybase referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Officexlr Business Solutions Pvt. Ltd. or the Apps, Platforms, Products, or other services provided by Company.
  • Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
  • Service refers to the Apps, Platforms, Products, or other services provided by Company.
  • Terms of Service (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
  • Website refers to Heybase, accessible from heybase.io
  • You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.


Acknowledgment

These are the Terms governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.


Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit.


Access, Restrictions, and Use

By using our services, you agree to:

  1. Never copy, distribute, modify, rent, lease, sell, resell, transfer, assign, sublicense, alter, or create derivative works of any part of Heybase or any of our Intellectual Property.
  2. Never use Heybase for fraudulent, false, deceptive, or defamatory purposes or to promote hatred, violence, or harm against any individual or group.
  3. Not use or demonstrate Heybase in competition with us, to develop competing services or products.
  4. Not compromise the system security or integrity of Heybase.
  5. Not transmit viruses, worms, or other software agents through Heybase.

User Accounts

Your account on Heybase or any of its services (your "Account") gives you access to the platform or services or features and functionality that we may develop and maintain from time to time. We may maintain different types of Heybase Accounts for different types of users. You acknowledge that you do not own your Heybase Account.

You may not use another user’s account without such user’s permission. You are solely responsible for the activity that occurs on your Account, and you must keep your password(s) secure and safe.

You should notify us immediately of any security breach or unauthorized access or use of your Account.

We will not be liable for any losses caused by any unauthorized use of your Heybase Account, or for any changes to your Heybase Account or Platform, including your ability to access your Data (defined below), made by any user with administrator-level access to your Heybase Platform.


Data Ownership

We respect your right to ownership of content or data created or stored by you or your organization. Unless specifically permitted by you, your use of the Services does not grant Heybase the license to publish or publicly distribute the data owned by you or stored in your user account.

In connection to your Data or Content, you (on behalf of your organization, if any) represent and warrant that:

  1. Data or Content Provided by you and our use thereof as contemplated by these Terms, and will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights.
  2. You have all rights, licenses, permits, and consent to receive, access, use, provide Content and/or use through or in connection with Heybase
  3. You grant us permission to copy, store, modify, access, distribute, transmit, reformat and display Your Content to provide, maintain, and improve Heybase and to perform such other actions as authorized by you in connection with your use of Heybase;


You can remove your data from your Heybase Account by deleting it. We take no responsibility and no liability for Data or Content Provided by you. You shall be solely responsible for your Data or Content and the consequences of sharing, publishing, posting, or making it available on Heybase. You shall be solely responsible and indemnify us for Data or Content Provided by you directly or indirectly.


Software-as-a-Service

To the extent you signup to Heybase, subject to your compliance with these Terms, during the applicable Subscription Term, we grant you a non-exclusive, non-transferable, sub-licensable right and license to use our Software solely as reasonably necessary for your use of Heybase with respect to these Terms.


Intellectual Property

You acknowledge and agree that Heybase and all related content displayed or available on the Heybase platform and its website and services, all software, algorithms, code, technology, and intellectual property underlying and included in or with Heybase, and all intellectual property rights therein and thereto throughout the world (collectively and individually, our "Intellectual Property"), are our (or our licensors if applicable) sole and exclusive property. Nothing in these Terms will be considered as a permit to create a license in or under any intellectual property rights, And you agree not to:

Copy, Modify, Distribute, License, Access, Edit, Sell, Rent, Publicly Display, Adapt or Create derivative works from any of our Intellectual Property.


Suspension, Termination, and Change of Services

You may cancel your Heybase Account at any time, though we will be sorry to see you go.

We may change or stop providing Officexlr Services, its features to you or to our users generally, or create or revise usage limits for Heybase.

We may temporarily or permanently terminate or suspend your access to Heybase, or stop providing services to any user(s) without notice and liability, for any reason or without cause, Also if you violate any provision of these Terms at our sole determination we may terminate your services. Upon termination or suspension or cancellation, you continue to be bound by these Terms.


Pricing Plans

We may offer subscription plans that you can register or sign up for, either for free or for a subscription fee (a “Pricing Plan"). We may change or amend our Pricing Plans by offering new services for additional charges and adding or revising charges for existing Pricing Plans in our sole discretion. Any change to a Pricing Plan’s charges or fees or payment terms will become effective in the next billing cycle post notice. Use of Services in excess of a Pricing Plan’s applicable usage limit may result in (additional) charges, as specified in the plan, and such charges will be applicable in an invoice or charged automatically via the payment method assigned to your billing account.


Billing and Payment

For any paid Subscription or Pricing Plan, you agree to make timely payments for the services, and we may automatically charge you with the applicable Payment Method, Pricing Plans may be offered to you for a limited subscription period ("Subscription Term"). If you are opt-in for the Paid Plans, you agree to the pricing and payment terms specified at signup, at officexlr.com/pricing, as otherwise communicated to you, as we may update our Pricing Plans from time to time. You must provide Officexlr with a valid and accepted Payment Method. When you initiate the signup process, you authorize us to share your payment information to third parties such as our payment processors, so we can complete your payment transactions, with applicable currency, for the type of payment method and transaction you have selected, applicable taxes and charges and additional fees will be added to your transaction value.

You will pay applicable taxes, if any, relating to the transaction. You are also responsible for any payment-related charges or late payment fees such as wire transfer fees, credit card processing fees, and foreign transaction fees.

As we currently use Stripe as our third-party payment services provider, and by using Officexlr you agree to be bound by Stripe’s Services Agreement, available at stripe.com/us/legal.

If your payment is not successfully transferred for any reason, you remain responsible for any amounts not remitted to us. All payments for transactions are non-refundable and non-transferable except as mentioned in these Terms.

Renewals

Until canceled by you or we terminate your access to or use of Heybase as per these Terms, Your subscription continues. All Pricing Plans will automatically renew (For term equal in length to the earlier Subscription Term) until canceled by you. If you do not want to renew, you must cancel it at least thirty (30) days before the end of the Subscription Term by providing written notice to us for such cancellation (including by email to support@heybase.io or via your Billing and Account page on your Heybase Account). If you signup for Pricing Plan, our third-party payment processor will automatically charge you each month or year (depending on your subscription term), using the payment information you have provided until you cancel your subscription.

By accepting these Terms and selecting to Signup for a Pricing Plan, you acknowledge that your Pricing Plan has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or us.

Cancellations

If we terminate your Subscription Plan, except in the event of a breach of these terms or failure to pay applicable charges on the due date, we will grant you a prorated refund for the remaining unused portion of your Subscription Term.

You are not eligible for a refund for any Subscription Plan that you cancel. If you cancel or terminate your Subscription Plan, your right to use Heybase will continue until the end of your Existing Subscription Term and then terminate without further charges.


Late Payments

Any late payments shall attract late-payment charges equal to 2% per month of the amount due or the maximum charges allowed by the law (plus the costs of collection).


Beta Service

We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for evaluation or testing purposes. You agree that Heybase has the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We reserve the right to offer the Beta Services as commercial services. We reserve the rights to discontinue any of the Beta Services with or without notice at any time.

You agree that Heybase will not be liable to you or your organization or to any third party for any harm related to, or arising from, or caused by the usage, modification, suspension, or discontinuation of any of the Beta Services for any reason.


Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.


Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.


"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied:

i. as to the operation or availability of the Service, or the information, content, and materials or products included therein.

ii. that the Service will be uninterrupted or error-free.

iii. as to the accuracy, reliability, or currency of any information or content provided through the Service or

iv. that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.


Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.


Disputes Resolution

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.


For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.


United States Legal Compliance

You represent and warrant that

i. You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and

ii. You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.


Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.


Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.


Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Platform, product, and the Services.