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Terms of Use

THESE TERMS OF USE (“TOU”) (in the version dated June, 2021) GOVERN THE USE BY ANY PERSON OR ENTITY (“USER”) OF THE APPLICATION SERVICES (AS DEFINED BELOW) PROVIDED BY Helu.io GMBH (“Helu”) PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APPLICATION SERVICES.

SCOPE OF APPLICATION

DEFINITIONS

ACCOUNT REGISTRATION

USE OF APPLICATION SERVICES

THIRD-PARTY SERVICES

MODIFICATIONS TO THE APPLICATION SERVICES

USER’S FEEDBACK

PROPRIETARY RIGHTS

PAYMENT TERMS

INDEMNIFICATION

CONFIDENTIAL INFORMATION

DATA PROTECTION

The User agrees to be legally bound by all terms, conditions and notices contained or referenced in the Data Processing Agreement to be concluded between the Parties, which forms an integral part of the TOU.

AGGREGATED ANONYMOUS DATA

Notwithstanding anything to the contrary herein, the User consents that Helu may obtain and aggregate technical and other data about the User’s use of the Application Services (see also data privacy statement). Such aggregated anonymous data is non-personally identifiable with respect to the User Helu may use it to analyze, improve, support, and operate the Application Services, and for its distribution in general benchmarking data and industry reports. In that case Helu will not identify the User as source of any aggregated anonymous data.

DISCLAIMER & LIMITATION OF LIABILITY

ASSIGNMENT

The Subscription is not assignable, transferable or sublicensable by User except with Helu’s prior written consent. Helu may transfer and assign any of its rights and obligations under the TOU without consent to an Affiliate.

SEVERABILITY CLAUSE

Should one or more provisions of the TOU be or become invalid, the remaining clauses of the TOU shall not be affected. The Parties shall replace the invalid provision with a replacement provision which would have been agreed by the Parties pursuant to their original economic intentions. This principle shall also apply in the case of any unintentional contractual gaps.

AMENDMENTS TO THE TERMS OF USE

GOVERNING LAW

These Terms shall be governed exclusively by the laws which are applicable in the Republic of Austria (without regard to its conflict of law rules and to the United Nations Convention on Contracts for the International Sale of Goods [“CISG”]). Exclusive legal venue for all disputes under or in connection with the Terms shall be with the courts of Vienna, Austria, having subject matter and territorial jurisdiction.

SURVIVING PROVISIONS

The following provisions shall survive even after the Subscription has ended: USER’S FEEDBACK; PROPRIETARY RIGHTS; INDEMNIFICATION; CONFIDENTIAL INFORMATION; DATA PROTECTION; AGGREGATED ANONYMOUS DATA; DISCLAIMER & LIMITATION OF LIABILITY; AMENDMENTS TO THE TERMS OF USE; GOVERNING LAW.