Terms and Conditions

Date of Last Revision: June 10, 2022

01 / Helioz Technologies Website

These Website Terms & Conditions (“T&Cs”) apply to your access and use of www.helioztechnologies.com (the “Site”), including all software, data, reports, text, images, sounds, video, and content made available through any portion of the Site (collectively, the “Content”). Content includes all such elements as a whole, as well as individual elements and portions thereof.

02 / Acceptance of Terms

Helioz Technologies permits you (“User” or “you” or “your”) to access and use the Site and Content, subject to these T&Cs. By accessing or using any portion of the Site, you acknowledge that you have read, understood, and agree to be bound by these T&Cs.

If you are entering into these T&Cs on behalf of a company or other legal entity (“User Entity”), you must have the legal authority to contractually bind such User Entity to these T&Cs, in which case the terms “you” or “your” or “User” will refer to such User Entity. If you lack such legal authority to contractually bind or you do not agree with these T&Cs, you must not accept these T&Cs or access or use the site or content.

03 / T&Cs Updates

Helioz Technologies reserves the right, at its sole discretion, to change or modify portions of these T&Cs at any time. Helioz Technologies will post the changes to these T&Cs on the Site and will indicate at the top of this page the date these terms were last revised.

It is your responsibility to check the T&Cs periodically for changes. Your continued use of the Site and Content after the date any such changes become effective constitutes your acceptance of the new or revised T&Cs.

Authorization to Access
and Use Site and Content

04 / General Conditions / Access and Use

Subject to your compliance with these T&Cs and the provisions hereof, you may access or use the Site and Content solely for the purpose of your evaluation of Helioz Technologies and Helioz Technologies’ products and services. You may only link to the Site or Content, or any portion thereof, as expressly permitted by Helioz Technologies.

Ownership and
Restrictions

All rights, title and interest in and to the Site and Content will remain with and belong exclusively to Helioz Technologies. You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Site and any Content available to any third party, (b) use the Site and Content in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Site and Content or their related components, or (c) modify, adapt or hack the Site and Content to, or try to, gain unauthorized access to the restricted portions of the Site and Content or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Site and Content, or any other products or services of Helioz Technologies that are not readily made available to the general public).

You are not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute, or create derivative works of the Site and Content, except that you may download, display, and print one copy of the publicly available materials (i.e., the Content that does not require an Account name or password to access) on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. You agree not to access the Site or Content by any means other than through the interface that is provided by Helioz Technologies to access the same. You may not use any “page-scrape,” “deep-link,” “spider,” or “robot or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the presentation or navigational structure of the Site or any Content, to obtain or attempt to obtain any Content or other information through any means not made generally available through the Site by Helioz Technologies. Helioz Technologies reserves the right to take any lawful measures to prevent any such activity. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Helioz Technologies on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Reservation of Rights

Helioz Technologies and its licensors each own and retain their respective rights in and to all logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or embodied in or otherwise related to the Site and Content. Helioz Technologies grants no rights or licenses (implied, by estoppel, or otherwise) whatsoever to you under these T&Cs.

Feedback

You may submit ideas, suggestions, or comments (“Feedback”) regarding the Site and Content or Helioz Technologies’ business, products or services. By submitting any Feedback, you acknowledge and agree that (a) your Feedback is provided by you voluntarily and Helioz Technologies may, without any obligations or limitation, use and exploit such Feedback in any manner and for any purpose, (b) you will not seek and are not entitled to any money or other form of compensation, consideration, or attribution with respect to your Feedback regardless of whether Helioz Technologies considered or used your Feedback in any manner, and (c) your Feedback is not the confidential or proprietary information of you or any third party.

Our Commitment
to Privacy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on every page of our website.

The Way We Use
Information

We use the information you provide about yourself to provide services. We do not share this information with outside parties except to the extent necessary to complete your request for our services. Helioz Technologies reserves the right to reveal this information pursuant to a valid subpoena or court order.

We use return email addresses to answer the email we receive for technical support, customer service, email updates and other communications. Such email addresses will also be used to communicate product and service updates and offerings, but are not shared with outside parties.

Finally, we never use or share the personally identifiable information provided to us online, via phone, or in person in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Our Commitment to
Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online and offline.

Third-Party
Websites

This website may provide links to third-party websites. Any such links are provided solely as a convenience to you. Helioz Technologies has no control over these websites or their content and does not assume any responsibility or liability for these websites. Helioz Technologies does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Web site, you do so at your own risk.

Data Collected

Helioz Technologies undertakes automated processing of the Users’ Personal Data in accordance with the EU GDPR.

The User provides personal information on a voluntary basis, which can include:

Reference Data: which are provided directly by the User

Personal information: Last name, surname, email address

Professional information: Position, service, sector, number of employees, company address, CAD system

This information is collected to help Helioz Technologies to tailor its Site, to enhance its solutions and to communicate with the User:

Automatic Data: the moment the user visits the Site, Helioz Technologies may receive information such as IP address, emails delivery receipts and read receipts, email address, local time zone, operating system, page views

Data gathered from the User interactions with the Site: when navigating the Site, the User generates data, collected by Helioz Technologies

Any other Data as may be relevant for the purposes listed below

The Users’ Personal Data collected by Helioz Technologies comes from:

Voluntary registration of an email address for receiving newsletters

Entering Personal data during the registration on the Site

Data provided by navigation via cookies

As mentioned above, Helioz Technologies can collect Personal Data online but also offline (i.e. via a business card voluntarily given to a Helioz Technologies employee) and this Privacy Policy is applicable regardless of the means of collection.

Purposes of personal data collection

Personal Data is generally collected to carry out the business of Helioz Technologies, such as improving marketing and advertising efforts, better tailoring Website’s features and services and, better meeting customers’ needs and complying with reporting requirements.

Personal data can be used to:

Enable the User to request information

Allow the User to open and maintain an account

Besides, by providing an email address, the User authorizes Helioz Technologies to send messages for commercial or marketing purpose (such as newsletters), but also for administrative purposes.

Furthermore, Helioz Technologies may use cookies which collect or store Personal Data to improve services (full presentation below).

Cookies

Cookies are small pieces of information or text that are issued to the User’s computer when he visits a website and are used to store or track information about his use of the site.

Helioz Technologies may use cookies or other technologies which may collect or store personal data to improve services for the user through, for example:

Enabling a service to recognize User’s device to avoid providing the same information several times during one task

Recognizing that User may already have given information in a form so he does not need to do it for every form

Analyzing data to help Helioz Technologies understand how people interact with the website so Helioz Technologies can improve it

Helioz Technologies uses different types of cookies:

Session cookies: whom determine whether the User has visited the Website before and hence without requiring his user name and password once again

Statistics cookies: whom analyze data to help Helioz Technologies understand how people interact with services so the Company can make them better and whom Measure the number of people using the Website

Google Analytics & HubSpot

Helioz Technologies uses Google Analytics and HubSpot, web analytics and marketing services provided by Google, Inc. (“Google”) and HubSpot, who help the Company analyze how Users use the Site.

Information generated by a cookie about the interactions of the User with the Site (including his IP address) will be transmitted to and stored by Google and/or HubSpot on servers in the United States.

Google and HubSpot will use this information for the purpose of evaluating the use of the Website, compiling reports on website activity for Helioz Technologies and providing other services relating to website activity and internet usage.

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. If so, Google will not associate the User’s IP address with any other data held by Google.

Acceptance of
Cookies

By continuing to use the site in consideration of the above, the User expressly authorizes Helioz Technologies to use such cookies. The User can also configure his browser software to refuse all cookies; if he does so, some areas and features of the site may not function properly and/or User may not access some parts or services of the site.

Personal Data Processing and Storage Term

Processing of Personal Data includes using, storing, recording, transferring, adapting, summarizing, amending, reporting, sharing and destroying Personal Data as necessary under the circumstances or as otherwise required by law.

All Personal Data that will have been collected by Helioz Technologies will be stored for the entire duration of the contractual relationship, starting with any User registration, product or service engagement. Data will be then kept for archival purposes.

Right of Access and Modification of Personal Data

Users have the right to access, amend, correct and delete personal data held about them. Users may exercise this right at any time by contacting:

By Mail:
Attention: Data Protection Officer (DPO)
Helioz Technologies d.o.o.
Šetalište braće Radić 7
Slavonski Brod – 35000
Croatia

By e-mail: hello@heliozgroup.com

How to Contact Us

Should you have other questions or concerns about these privacy policies, please send us an email at hello@heliozgroup.com.

Termination of Access Due to Violations

Helioz Technologies may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these T&Cs or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these T&Cs will cause irreparable harm to Helioz Technologies, for which monetary damages would be inadequate, and you consent to Helioz Technologies obtaining any injunctive or equitable relief that Helioz Technologies deems necessary or appropriate in such circumstances, without limiting Helioz Technologies’ other available remedies.

Further, Helioz Technologies may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.

NO WARRANTIES and DISCLAIMER by HELIOZ TECHNOLOGIES

THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND HELIOZ TECHNOLOGIES EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT HELIOZ TECHNOLOGIES DOES NOT WARRANT THAT YOUR ACCESS OR USE OR BOTH OF THE THE SITE AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND HELIOZ TECHNOLOGIES DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND CONTENT, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM HELIOZ TECHNOLOGIES OR THROUGH THE SITE AND PROPERTY WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs.

Helioz Technologies reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, for any reason; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Exclusion of Damages and Limitation of Liability

LIMITED LIABILITY

THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND HELIOZ TECHNOLOGIES EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT HELIOZ TECHNOLOGIES DOES NOT WARRANT THAT YOUR ACCESS OR USE OR BOTH OF THE THE SITE AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND HELIOZ TECHNOLOGIES DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND CONTENT, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM HELIOZ TECHNOLOGIES OR THROUGH THE SITE AND PROPERTY WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs.

Helioz Technologies reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, for any reason; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Jurisdictional Limitations

Some states and other jurisdictions 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 to you. IN THESE STATES, HELIOZ TECHNOLOGIES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Dispute Resolution; Jury Waiver

THESE T&Cs ARE MADE UNDER, AND WILL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF OHIO APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED SOLELY THEREIN, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAW. In any action between or among any of the parties, whether arising out of these T&Cs or otherwise, each of the parties irrevocably and unconditionally (a) consents and submits to the exclusive jurisdiction and venue of the state and federal courts located in Cincinnati, Ohio; and (b) WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY TRANSACTIONS CONTEMPLATED HEREBY.

Miscellaneous

These T&Cs, and any additions, changes, edits and/or modifications made thereto by Helioz Technologies, together with Helioz Technologies’ Privacy Policy, constitute the entire agreement between the parties with respect to the portions of the Site available without an account ID or password. Access to certain password-restricted portions of the Site is also subject to additional agreement(s). These T&Cs and any additions, changes, edits and/or modifications made thereto by Helioz Technologies cannot be amended except by Helioz Technologies as set forth above. The failure of Helioz Technologies to exercise or enforce any right or provision of these T&Cs will not be a waiver of that right. Any notices to Helioz Technologies in connection with this agreement will be made by email transmitted to hello@heliozgroup.com provided that you also send a copy of such notice via nationally recognized carrier to Helioz Technologies, 5905 Drake Rd, Cincinnati, OH 45243, Attn: Contract Administration.

In the event that any provision of these T&Cs will be determined to be illegal or unenforceable, that provision will be first revised to give the maximum permissible effect to its original intent or, if such revision is not permitted, that specific provision will be eliminated so that these T&Cs will otherwise remain in full force and effect and enforceable.