Terms and Conditions
Helium Terms & Conditions
- These Terms & Conditions
What these Terms & Conditions cover. These are the terms and conditions on which we supply Products and Services to you (see Section 3 below) whether via our European web store (europe.helium.com) (the “Store”), our affiliates or our or their authorized distributors (“Terms”).
- Information about how to contact us
- You can contact us by telephoning our customer service team at 415-510-2110 or by writing to us at firstname.lastname@example.org. Further information about us is also provided in the legal notice below (Section 14.7).
- Our Products and Services
- The term "Products" includes the Helium Hotspot, the Helium Modules and devices, and the Helium APIs.
- The term “Services” includes the Helium Console and associated Helium APIs. The Services are not available to consumers.
- Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product, there is a problem with authorisation of your method of payment, or because we are unable to meet a delivery deadline you have specified.
- If you do not understand any of these Terms and would like to speak to us about it, or if you would like these Terms in another format (for example, audio, large print, braille) please contact us using the contact details above.
- The duration of our contract with you will start from when you receive the order acceptance email and last until the last day of your right to return the Product or cancel the Service unless terminated by you or Helium at an earlier date in accordance with these Terms ( the “Term”).
- Our Products
Products may vary slightly from their pictures. The images of the Products on our Store are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
- Changes to Products/Services
We may change the Product and/or Service to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the Product or Service. If we make more significant changes to Products, Services and/or these Terms we will notify you within a reasonable period of time and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
- Delivery of the Products
- Delivery costs. The costs of delivery will be as displayed to you on our Store.
- When we will provide the Products and Services. We will deliver the Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Delivery will be made to the delivery address specified in your order. If you are a business customer, we will supply the Services to you until either the Services are completed or the subscription expires (if applicable) or either you or we end the contract.
- We are not responsible for delays outside our control. If our supply of the Products or Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
- If you are not at home when the Product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery. Other than where you are located in Germany, if despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract with you.
- When you own the Product. We retain title to a Product until we receive payment for it in full.
- Reasons we may suspend the supply of a Product or Service to you. Other that where you are located in Germany, we may have to suspend the supply of a Product or Service to deal with technical problems or make minor technical changes, or update the Product or Service to reflect changes in relevant laws and regulatory requirements. We will contact you within a reasonable period of time to tell you we will be suspending supply of the Product or Service, unless the problem is urgent or an emergency. You may contact us to end the contract for a Product or Service if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
- Access to the Service (applicable to business users only)
- During the Term, Helium grants to you (provided you are a business customer) a personal, worldwide, non-exclusive, revocable and terminable, non-transferable, non-assignable license (without the right to sub-license) to access and use the Service, solely in the form made available by Helium to you from time to time. You acknowledge and agree that sensor samples to be processed by the Service shall not exceed 500 bytes per sample.
- Helium will provide you with unique login credentials for each authorized user, which may only be used by a single authorized user. You are responsible for all use of the Service by any person using the login credentials. Helium may deactivate any login credentials for any suspected unauthorized use or any misuse of the Service.
- Patrons and Hosts
- If you are a Patron, Helium authorizes you to provide new Products that you have validly purchased and activated ("Patron Hotspots") to other users ("Hosts"), provided you continue to comply with all requirements and terms applicable to the Patron program found at https://www.helium.com/patron. You acknowledge you are not authorized to make any representations, warranties or commitments on Helium or its affiliates' behalf,. Patrons are solely responsible for identifying Hosts, and as a Patron, you acknowledge that no Hosts may be available in any particular area. Patrons further acknowledge that Helium does not provide any introductions, recommendations or other services to Patrons to assist with identifying Hosts.
- If you are a Host, you acknowledge that your Patron may earn some or all of the Helium tokens generated through use of your Patron Hotspot, unless otherwise agreed with Patron.
- Patrons and Hosts acknowledge that any offers or agreements between them with respect to provision, receipt, or use of Products are purely between the applicable Patron and Host, and that neither Helium nor its affiliates has any control over, or liability, for the terms or performance of any such agreement, including the delivery of any Patron Hotspot or the payment of any fees or Helium tokens to any Host. Neither Helium nor its affiliates has any obligation to resolve any dispute between a Patron and a Host.
- Restrictions on your use of the Product and Service
- You shall not, directly or indirectly:
- access or use the Service in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas (applicable only to business users);
- derive or attempt to derive the source code, source files, or any component or structure of all or any portion of any Product by reverse engineering, disassembly, decompilation, or any other means (the foregoing prohibitions include review of data structures or similar materials produced by programs);
- access or use any Service in order to build or support or assist a third party in building or supporting, products or services competitive to Helium or its products and services (applicable only to business users);
- remove, obscure or alter any proprietary notice on Products;
- use the Service to collect, process or store financial or personal data (applicable only to business users);
- use or permit the access to or use of any Product or Service, for any unlawful activity, including exporting in violation of applicable law; or
- access or use the Product, Service or any other deliverable for any use other than the those authorized in these Terms.
- You acknowledge and agree that, other than Helium's support packages and support through the Helium development community, Helium does not provide support for the Products.
- If you are an advertising agency, your own internal use of any Product or Service, does not include use of the Product or Service by or for any of your customers or by or for any other third party (including any sister agency).
- Ownership of Content and Intellectual Property Rights
- Customer Content. All content or data which you deliver into the Service ("Customer Content") is and will remain your exclusive property. You grant Helium (and any third party assisting Helium), during the Term and for a period of 180 days following expiry of the term or termination of the Terms, a worldwide, non-exclusive, revocable, royalty-free license to access, use, host, reproduce, distribute, display, modify and prepare derivative works of all Customer Content solely for purposes of providing the Products to you, and to improve the Products and Services.
- Helium Content. All content, software functionality or data made available to you through access to or use of the Services or otherwise provided by Helium ("Helium Content"), is and will remain the exclusive property of Helium and its licensors. Helium grants you during the Term, a non-exclusive, revocable, license to access the Helium Content solely for your own internal use.
- Helium Intellectual Property Rights. As between the parties, Helium owns and retains all right, title and interest in and to all of the Services, all improvements, modifications and derivative works of the foregoing, and all intellectual property rights in any of the foregoing. To the extent that you acquire any right, title or interest in or to any Product and/or Service, any deliverable, or any intellectual property rights therein, you hereby assign to Helium all such right, title and interest. Except for the licenses Helium expressly grants to you in these Terms, you are not provided with any license or right to the Products, the Service or the intellectual property rights therein. You are not granted any right to use any Helium trademark, service mark, logo or trade name.
- Customer Feedback. You, your authorized users and your other employees and agents may provide us with suggestions, comments or other feedback regarding the Products and/or Service ("Feedback"). You grant us a license to, freely use, disclose, reproduce, license, distribute and otherwise commercially exploit such Feedback in connection with any Product or Service, but only on a no-name basis that does not allow inferences on your, your authorized users' and your other employees' and agents' identity unless you or they expressly authorize us otherwise.
- Warranty and related rights / Right to change your mind if you are a consumer
Your rights in the event of material defects and other violations of your rights. Subject to the following limitations, your rights in the event of material defects and other violations of your rights are based on your consumer law rights. Claims for defects caused by natural wear and tear, improper use or treatment are excluded.
We are not liable for damages. This does not apply if the cause of damage is based on an intentional or grossly negligent breach of duty on our part or on the part of one of our legal representatives or agents. We are also liable for the slightly negligent breach of essential obligations i.e., obligations whose violation endangers the achievement of the purpose of our contract or whose fulfillment makes the proper execution of our contract possible in the first place and on whose compliance you regularly rely. In this case, however, we shall only be liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above limitations of liability shall not apply in the event of death, injury to body or health, for a defect after a guarantee has been given for the quality of a product or service, in the event of fraudulently concealed defects, and where you are located in Switzerland for intentional wrongdoing or gross negligence. Liability under any product liability laws remains unaffected. Insofar as our liability is excluded or limited, this also applies to the personal liability of employees, representatives and our agents.
If you want to assert your rights against us due to a material defect of a Product or other violation of your rights, please reach out to us, preferably by either calling customer services on 415-510-2110 or emailing us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
If, after Products have been dispatched to you or you have received them, the contract is being cancelled, you must return them to us by sending them to Helium c/o Extron 496 S Abbott Ave, Milpitas, CA 95035. Please call customer services on 415-510-2110 or email us at firstname.lastname@example.org for a return label.
When we will pay the costs of return. We will pay the costs of return when we are legally obliged to do so (e.g., but not limited to, in the event you have received a defective Product and we have not repaired it or provided you with a new Product after you have asked us to do so within a reasonable amount of time) and independent of that if you are ending the contract because we have told you of an upcoming change to the Product, Service or these Terms, an error in pricing or description, or a delay in delivery due to events outside our control. Please call customer services on 415-510-2110 or email us at email@example.com for a returns label.
- Helium Hotspot Warranty. In addition to your legal rights referenced above, we warrant that on delivery, and for a period of 12 months from the date of delivery in accordance with the Helium Hotspot Warranty [https://europe.helium.com/pages/hotspot-warranty-for-eu-customers] any Products shall be free from material defects in design, material and workmanship.
Exercising your right to change your mind if you are a consumer. If you are a consumer then you have a legal right to change your mind as described below:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party (other than the carrier) appointed by you has taken possession of the Product. In the case of Services, the cancellation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of cancellation, you must notify us, [Helium GmbH, Rudi-Dutschke-Str. 23, c/o betahaus, 10969 Berlin, Germany, firstname.lastname@example.org by means of a clear statement (e.g. a letter, fax or e-mail) about your decision to cancel this contract. You can use the attached sample cancellation form, which is not mandatory. In order to comply with the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of cancellation
If you cancel the contract, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your cancellation of the contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for this refund. We may refuse a refund until we have received the Products back or until you have provided proof that you have returned the Products, whichever is earlier.
You must return the Products to us without delay and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the Products before the end of the fourteen-day period.
We bear the costs of returning Products that can be sent as a parcel. You shall bear the direct costs of returning the Products that cannot be sent by parcel post in the amount of 15.00 €.
You shall only be liable for any loss of value of the Products if this loss of value is due to handling of the Products which is not necessary for the purpose of checking their quality, properties and functioning.
- Ending the contract where we are not at fault and there is no right to change your mind. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of you ending the contract.
- Price and payment
- Price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order.
- When you must pay and how you must pay. We accept payment with most major credit, debit cards, and cryptocurrency. You must pay for the Products before we dispatch them.
- Other important terms
- Helium Tokens. Please understand that the Helium Hotspot can earn Helium tokens only when it is powered on and connected to the Internet. Likewise, moving or obstructing the Helium Hotspot may make it more difficult for third-party devices to connect to the Helium Hotspot. This can also reduce Helium token earnings. Regardless, Helium does not guarantee any Helium Hotspots will earn Helium tokens. Furthermore, Helium tokens may have no value, and Helium makes no promises or warranties as to the value of Helium tokens.
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract and we will refund you any payments you have made in advance for Products not provided.
- You need our consent to transfer your rights under these Terms to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, you may transfer our Helium Hotspot Warranty to a person who has acquired the Product.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in section 14.3 in respect of our Helium Hotspot Warranty. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- The laws of the Federal Republic of Germany apply to these Terms, unless you are consumer resident in another EU Member State or the United Kingdom, in which case the applicable law of that country will apply.
- Legal Notice
Helium GmbH c/o betahaus is a company incorporated and registered in Germany.
Registration number: HRB 209108 B
Authorized representative: Chris Bruce
Information pursuant to § 2 German Service Information Regulation ('Dienstleistungs-Informationsverordnung'): For services provided by us, the general terms and conditions (see above) shall apply. They state that German law shall apply.
Information pursuant to § 36 German Consumer Dispute Settlement Act ('Verbraucherstreitbeilegungsgesetz'): We are legally obliged to refer you to the European Online Dispute Resolution Platform (OS Platform) of the European Commission, which you can reach at http://ec.europa.eu/odr. However, we do not take part in any dispute settlement proceedings before a consumer arbitration board and we are not obliged to do so.
Anlage 2 zu Artikel 246a § 1 Absatz 2 Satz 1 Nummer 1 und § 2 Absatz 2 Nummer 2
(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück.)
An Helium GmbH, Rudi-Dutschke-Str. 23, c/o betahaus, 10969 Berlin, Germany email@example.com
Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über den Kauf der folgenden Waren (*)/die Erbringung der folgenden Dienstleistung (*)
Bestellt am (*)
Erhalten am (*)
Name des/der Verbraucher(s)
Anschrift des/der Verbraucher(s)
Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)
(*) Unzutreffendes streichen.
Model Cancellation Form for Consumers
(Complete and return this form only if you wish to withdraw from the contract)
Dear Helium GmbH c/o betahaus,
I hereby give notice to cancel my contract of sale of the Helium Hotspot:
Order Number: [customer to insert]
Name of Customer: [customer to insert]
Delivery Address: [customer to insert]
Billing Address: [customer to insert]
Email Address: [customer to insert]
Contact Number: [customer to insert]
Signature of Customer: [customer to insert]
Date: [customer to insert]