User Terms of Service

By using the Helio website (“Service”), services of ZURB, inc. (“ZURB”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Terms (Updated August 28th, 2018)

ZURB, Inc. (“ZURB,” “we,” or “our) provides a website located at https://helio.app, including the mobile version of the website, (collectively, the “Site”), software we make available through the Site (if any) (“Site Software”), and software we make available for mobile devices (if any) (e.g. iPhone or Android application) (“Mobile Software”) (collectively, the “Service”). The service allows ZURB Customers ("Customers") to conduct usability tests and testers ("Panelists") to perform and record tests.

By using the Helio website (“Service”), you are agreeing to be bound by (1) the following terms and conditions (“Terms of Service”); and (2) ZURB’s Customer Privacy Policy (“Customer Privacy Policy”), found at https://helio.app/privacy and incorporated herein by reference.

IF CUSTOMER DOES NOT AGREE TO ANY OF THESE TERMS OF SERVICE OR ZURB'S HELIO CUSTOMER PRIVACY POLICY, CUSTOMER MUST NOT USE THE PLATFORM OR SERVICES.

OVERVIEW

Individuals participating in User Tests (“Panelists”) are selected by ZURB in accordance with Customer’s direction to perform and record User Tests for the Customer’s benefit (“Usability Testing"). Panelists are neither employees nor agents of ZURB, but are independent third-party service providers using the Platform to provide services to Customer. As such, ZURB expressly disclaims all liability for the acts or omissions of the Panelists. Furthermore, Customer is responsible for compliance to any and all ZURB Helio Privacy Policy in place, all applicable laws and regulations (whether local or global). Specific to the GDPR, ZURB is acting as Data Processor for all of the data collected as a result of Customer's User Tests.

Service & Terms

Accounts

In order to access some features of the Service, you will have to create a ZURB account. You may never use another's account without permission. When creating your account, you must provide accurate and truthful information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may not use another user’s account or allow another user to use your account. ZURB cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You must notify ZURB immediately of any breach of security or unauthorized use of your account.

Although ZURB will not be liable for your losses caused by any unauthorized use of your account or your failure to comply with the above requirements, you may be liable for the losses of ZURB or others due to such unauthorized use.

Standard Account Terms
  1. You must be 13 years or older (or 16, if you are a citizen of the EU). to use this Service. You may use our Service only if you can form a binding contract with ZURB, and only in compliance with these Terms and all applicable laws.
  2. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
  3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  5. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
  6. You are responsible for maintaining the security of your account and password. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  7. If you are using a free account you are not permitted to block ads.
  8. One person or legal entity may not maintain more than one free account.
  9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading

  1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
  2. Payments are made on per use basis for the Solo product according to the posted pricing. Customers who use the Enterprise product must have a signed agreement with payment terms.
  3. The Service is billed in advance of each use and is non-refundable. There will be no refunds or credits for partial use of the service, upgrade/downgrade refunds, or refunds for unused credits with an open account. In order to treat everyone equally, no exceptions will be made.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  5. For any addition or removal of users in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  6. Cancelling or removing users from your account may cause the loss of Content, features, or capacity of your account. ZURB does not accept any liability for such loss.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account by emailing [email protected].
  2. All of your Content will be immediately suspended from the Service upon cancellation. This information will be made available again when you reactivate your account.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. ZURB, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other ZURB service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your Account. ZURB reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. ZURB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Helio Site (http://helio.app) or the Service itself.
  3. ZURB shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
  2. ZURB does not pre-screen Content, but ZURB and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  3. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from ZURB.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. You understand that ZURB uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, ZURB, or any other ZURB service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ZURB.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ZURB customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. ZURB does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  12. You expressly understand and agree that ZURB shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ZURB has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  13. The failure of ZURB to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ZURB and govern your use of the Service, superseding any prior agreements between you and ZURB (including, but not limited to, any prior versions of the Terms of Service).
  14. Questions about the Terms of Service should be sent to [email protected]
  15. By using Helio, you are agreeing to receive communications from us which may include periodic emails about updates, requests for feedback about the Helio application, and general support inquiries.
  16. Customer agrees that ZURB may use Customer’s company name and logo on ZURB’s client lists on ZURB’s Platform, website, and marketing materials.

Support Hours

  1. Have a question? No problem! We're here to offer you the most awesome support around during the hours of 9am - 5pm PST. You can reach us Monday through Friday (minus the occasional national holiday).
  2. Shoot an email over to [email protected] or find us on Live Chat. Also, feel free to give us a shout out on Twitter - @ZURB.