Terms of Service
We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and iHELP Limited So please read them carefully. By using iHELP or any of our other products or services that link to these Terms (we refer to these collectively as the “Services”), you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services.
1. Who Can Use the Services No one under 13 is allowed to create an account or use the services unless their account is set up and monitored by a parent. This account is only allowed to operate in a private setting. We may offer additional services with additional terms that may require you to be even older to use them. So please read all terms carefully. By using the services, you state that: • You can form a binding contract with iHELP Limited. • You are not a person who is barred from receiving the services under the laws of Ireland or any other applicable jurisdiction including, for example, that you do not appear on the Irish Governments list of Specially Designated Nationals or face any other similar prohibition. • You are not a convicted sex offender. • You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you are using the services on behalf of a business or some other entity, you state that you are authorised to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
2. Rights We Grant You iHELP Limited grants you a personal, worldwide, royalty-free, non- assignable, nonexclusive, revocable, and non-sublicensable license to access and use the services. This license is for the sole purpose of letting you use and enjoy the services’ benefits in a way that these Terms and our usage policies, such as our community guidelines allow. The services include iHELP crates, which allows you to locate friends around you daily. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You may not copy, modify, distribute, sell, or lease any part of our services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
3. Rights You Grant Us Many of our services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which services you use and the settings you have selected. We call submissions that are set to be viewable by everyone as well as content you submit to crowd-sourced services, including, “Public Content.” For all content you submit to the services other than Public Content, you grant iHELP Limited and our affiliates a worldwide, royalty-free, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the services and researching and developing new ones. Because Public Content is inherently public and chronicles matters of public interest, the license you grant us for this content is broader. For Public Content, you grant iHELP Limited, our affiliates, and our business partners all of the same rights you grant for non-Public Content in the previous paragraph, as well as a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display Public Content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send Public Content, you also grant iHELP Limited, our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from iHELP Limited, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the iHELP application or on one of our business partner’s platforms. • While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the services or if we think your content violates these terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service. The services may contain advertisements. In consideration for iHELP letting you access and use the services, you agree that we, our affiliates, and our third-party partners may place advertising on the services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content. We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you.
4. The Content of Others Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organisation that submitted it. Although iHELP Limited reserves the right to review or remove all content that appears on the services, we do not necessarily review all of it. So we cannot— and do not—take responsibility for any content that others provide through the services. Through these terms, we make clear that we do not want the services put to bad uses. But because we do not review all content, we cannot guarantee that content on the services, or that our users’ use of our services, will always conform to our Terms or Guidelines.
6. Respecting Others’ Rights iHELP Limited respects the rights of others. And so should you. You therefore may not use the services, or enable anyone else to use the services, in a manner that: • violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right. • bullies, harasses, or intimidates. • defames. • spams or solicits our users. You must also respect iHELP Limited rights and adhere to the brand guidelines published by iHELP Limited.
You may not do any of the following (or enable anyone else to do so): • use branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials used in our services • violate or infringe iHELP Limited copyrights, trademarks, or other intellectual property rights. • copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the services except as set forth in these terms. • use the services, any tools provided by the services, or any content on the services for any commercial purposes without our consent. • In short: You may not use the services or the content on the services in ways that are not authorised by these terms. Nor may you help anyone else in doing so. •
7. Respecting Copyright iHELP Limited honours copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our services any infringing material that we become aware of. And if iHELP Limited becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account. We make it easy for you to report suspected copyright infringement. If you believe that anything on the services infringes a copyright that you own or control, please file a notice with our designated agent: • iHELP Limited Attn: Copyright Agent The Pink House, Kells, kilkenny, Ireland email: email@example.com Don’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored. To report other forms of infringement, please email firstname.lastname@example.org • contain the physical or electronic signature of a person authorised to act on behalf of the copyright owner. • identify the copyrighted work claimed to have been infringed. • identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material. • provide your contact information, including your address, telephone number, and an email address. • provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law. • provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner. •
8. Safety We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that: • You will not use the Services for any purpose that is illegal or prohibited in these terms. • You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information. • You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent. • You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services. • You will not use or attempt to use another user’s account, username, or password without their permission. • You will not solicit login credentials from another user. • You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence. • You will not upload viruses or other malicious code or otherwise compromise the security of the Services. • You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorised to access. • You will not probe, scan, or test the vulnerability of our Services or any system or network. • You will not encourage or promote any activity that violates these Terms. We also deeply care about your safety while using our services. So do not use our services in a way that would distract you from obeying traffic or safety laws. For example, never iHELP and drive. By agreeing to our terms and conditions you agree to indemnify iHELP Limited, Mishon management, it’s employees and affiliates from any injury or harm caused while using any of our services. •
9. Your Account You are responsible for any activity that occurs in your iHELP account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account. By using the Services, you agree that, in addition to exercising common sense: • You will not create more than one account for yourself. • You will not create another account if we have already disabled your account, unless you have our written permission to do so. • You will not buy, sell, rent, or lease access to your Mishon account, points, a Mishon username, or a friend link without our written permission. • You will not share your password. • You will not log in or attempt to access the Services through unauthorised third-party applications or clients. If you think that someone has gained access to your account, please immediately reach out to email@example.com
10. Data Charges and Mobile Phones You are responsible for any mobile charges that you may incur for using our services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the services. If you change or deactivate the mobile phone number that you used to create a iHELP account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.
11. Third-Party Services If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. iHELP Limited is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
12. Modifying the Services and Termination We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. While we hope you remain a lifelong iHELP user, you can terminate these terms at any time and for any reason by deleting your account. iHELP Limited may also terminate these terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any services, or impose new or additional limits on your ability to use our services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. Regardless of who terminates these serms, both you and iHELP Limited continue to be bound by Sections 3, 6, 9, 10, and 13-22 of the terms.
13. Indemnity You agree, to the extent permitted by law, to indemnify, defend, and hold harmless iHELP Limited, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including legal’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the services; (b) your content; and (c) your breach of these terms.
14. Disclaimers We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, RECOVERY FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE iHELP LIMITED ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. iHELP LIMITED TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH iHELP LIMITED WILL BE RESPONSIBLE FOR.
15. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, iHELP LIMITED AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF MISHON LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL iHELP LIMITED AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF 100 EURO OR THE AMOUNT YOU PAID MISHON LIMITED IF ANY, IN THE LAST 12 MONTHS.
16. Arbitration PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND iHELP LIMITED TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. Applicability of Arbitration Agreement. You and iHELP Limited agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these terms or the use of the services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and iHELP Limited are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these terms.
17. Exclusive Venue To the extent that these terms allow you or iHELP Limited to initiate litigation in a court, both you and iHELP Limited agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the terms or the use of the services will be litigated exclusively in Ireland under Irish law.
18. Severability If any provision of these terms is found unenforceable, then that provision will be severed from these terms and not affect the validity and enforceability of any remaining provisions.
19. Additional Terms for Specific Services Given the breadth of our services, we sometimes need to craft additional terms and conditions for specific services. Those additional terms and conditions, which will be available with the relevant services, then become part of your agreement with us if you use those services. If any part of those additional terms and conditions conflicts with these terms, the additional terms and conditions will prevail.
Contact Us iHELP Limited welcomes comments, questions, concerns, or suggestions. Please contact us by firstname.lastname@example.org iHELP Limited is located in Ireland at The Pink house, Kells, Kilkenny, Ireland