1. Introduction
Welcome to Helyx. These Terms & Conditions (“Terms”) govern your access to and use of our website [your domain] (“Website") and our proprietary software Helyx (“Software"). By accessing the Website, purchasing, downloading, or using the Software, you agree to be bound by these Terms.
If you do not agree, you must not access the Website or use the Software.
2. Definitions
- “We”, “Us”, “Our”– refers to the Helyx team/company.
- “You”, “Your”, “Licensee”– refers to the individual or entity using the Website or Software.
- “Software” – the Helyx proprietary real-time, heterogeneous database replication application, in object code form.
- “License” – the rights granted to You under these Terms to use the Software.
- “Update” – minor bug fixes or patches to existing features.
- “Upgrade” – new versions with major changes or new features.
3. Use of the Website
Content on our Website is for information purposes only and may change without notice.
You may not:
- Copy, scrape, or extract content without permission.
- Introduce malicious code or attempt unauthorized access.
- Use the Website for unlawful purposes.
4. Grant of Software License
Upon purchase or trial approval, and subject to full payment of applicable fees, We grant You:
- A non-exclusive, non-transferable, revocable license to install and use the Software solely for internal business purposes.
License Scope:
- Perpetual License – if purchased outright.
- Subscription License – for a specific term, renewable upon payment.
The License is limited to the number of instances/servers specified in your purchase agreement.
5. Restrictions
You must not:
- Reverse engineer, decompile, or modify the Software.
- Rent, lease, sublicense, or share the Software with third parties without written consent.
- Use the Software to create a competing product.
- Circumvent any licensing or usage restrictions.
6. Delivery & Activation
The Software will be delivered via secure download link or deployment by Us.
License keys or activation files may be required and must not be shared.
7. Support & Maintenance
If your purchase includes support, we will provide:
- Email/phone assistance during business hours.
- Updates for bug fixes and security patches.
Support does not include:
- Custom feature development.
- Issues caused by third-party software or hardware.
8. Intellectual Property Rights
All rights, title, and interest in the Software, Website, documentation, and related materials remain with Us.
You acquire no ownership rights beyond the license granted.
9. License Compliance & Audits
We reserve the right to verify license compliance. You agree to provide reasonable assistance in such audits.
10. Payment Terms
All fees are due as per the agreed payment schedule.
Late payments may incur interest charges.
Fees are non-refundable except where required by law.
11. Warranty Disclaimer
The Software is provided “AS IS” without warranties of any kind, except as expressly stated in writing. We do not warrant that the Software will be error-free, uninterrupted, or compatible with all environments.
12. Limitation of Liability
To the maximum extent permitted by law:
- Our liability for any claim is limited to the amount paid by You for the Software in the last 12 months.
- We are not liable for indirect, incidental, special, or consequential damages, including data loss or business interruption.
13. Termination
We may terminate your license immediately if you:
- Breach these Terms.
- Fail to pay applicable fees.
Upon termination, you must uninstall and destroy all copies of the Software.
14. Export Control
You agree to comply with all applicable export laws and regulations regarding Software usage.
15. Governing Law & Dispute Resolution
These Terms shall be governed by the laws of India.
Exclusive jurisdiction shall lie with the courts of Kolkata, West Bengal.
16. Force Majeure
We are not responsible for delays or failures caused by events beyond our reasonable control.
17. Changes to Terms
We may update these Terms at any time. Changes will be effective from the date posted on our Website.
*Trial*: Evaluation / Trial License
If You have obtained the Software for evaluation or trial purposes (“Trial License”), the following additional terms apply:
Automatic Expiry Enforcement
The Trial License is subject to technical controls designed to automatically disable the Software upon expiry of the Trial Period. These controls are integral to the Software and may cause the Software to cease functioning without further notice. You acknowledge and agree that any attempt to disable, tamper with, or bypass these controls constitutes a material breach of this Agreement and will result in immediate termination of the License, as well as possible legal action.
License Scope:
- You are granted a non-exclusive, non-transferable, limited license to install and use the Software solely for internal evaluation purposes.
- The Trial License is not for production, commercial, or revenue-generating use.
Term & Expiry:
The Trial License is valid for 30 days from the date of activation (the “Trial Period"). Upon expiry, the Software will automatically disable or require activation of a paid license. You must uninstall and delete all copies of the Software at the end of the Trial Period unless you purchase a full license.
Restrictions:
- Use the Software in any live production environment.
- Modify, reverse engineer, decompile, or attempt to bypass licensing controls.
- Disclose or publish any performance results or benchmarks without our written consent.
- Share the Trial License key or Software with any third party.
Ownership:
All rights, title, and interest in the Software remain with Us. The Trial License does not transfer any ownership rights.
No Warranty & Limitation of Liability:
The Software is provided “AS IS” during the Trial Period, with no warranties of any kind. To the fullest extent permitted by law, We shall have no liability for any damages, losses, or claims arising from Your use of the Software under the Trial License.
Conversion to Full License:
You may purchase a full license at any time during or after the Trial Period. Upon purchase, the Terms for the paid license will apply.
