Terms and Conditions
Last updated: April 15, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions")
carefully before using the heilihq.com, forthscale.com websites, (the "Service") operated
by Forthscale systems Limited ("us", "we", or "our").
“Forthscale”: Forthscale systems Limited, a company incorporated in Hong Kong with its registered office at 9B Amtel Building, 308 Des Voeux Road Central, Central, Hong Kong (CR 2024876 ) and for Members: Heili UG (haftungsbeschränkt), a company incorporated in Germany with its office at Winterfeldtstr. 21 C/O Deutsche Telekom AG, HUB:RAUM Berlin Germany (HRB 174852 B).
Your access to and use of the Service is conditioned upon your acceptance of
and compliance with these Terms. These Terms apply to all visitors, users and
others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you do not have permission to access
the Service.
Subscriptions
Some parts of the Service are billed on a subscription basis
("Subscription(s)"). You will be billed in advance on a recurring and periodic
basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual
basis, depending on the type of subscription plan you select when purchasing a
Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew
under the exact same conditions unless you cancel it or Forthscale systems
Limited cancels it. You may cancel your Subscription renewal either through
your online account management page or by contacting Forthscale systems
Limited customer support team.
A valid payment method, including credit card or PayPal, is required to
process the payment for your Subscription. You shall provide Forthscale
systems Limited with accurate and complete billing information including full
name, address, state, zip code, telephone number, and a valid payment method
information. By submitting such payment information, you automatically
authorize Forthscale systems Limited to charge all Subscription fees incurred
through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Forthscale systems
Limited will issue an electronic invoice indicating that you must proceed
manually, within a certain deadline date, with the full payment corresponding
to the billing period as indicated on the invoice.
Fee Changes
Forthscale systems Limited, in its sole discretion and at any time, may modify
the Subscription fees for the Subscriptions. Any Subscription fee change will
become effective at the end of the then-current Billing Cycle.
Forthscale systems Limited will provide you with a reasonable prior notice of
any change in Subscription fees to give you an opportunity to terminate your
Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into
effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Accounts
When you create an account with us, you guarantee that you are above the age
of 18, and that the information you provide us is accurate, complete, and
current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether
your password is with our Service or a third-party service. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are
not owned or controlled by Forthscale systems Limited
Forthscale systems Limited has no control over, and assumes no responsibility
for the content, privacy policies, or practices of any third party web sites
or services. We do not warrant the offerings of any of these
entities/individuals or their websites.
You acknowledge and agree that Forthscale systems Limited shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such third party
web sites or services.
We strongly advise you to read the terms and conditions and privacy policies
of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service
immediately, without prior notice or liability, under our sole discretion, for
any reason whatsoever and without limitation, including but not limited to a
breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the
Service.
All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Forthscale systems Limited
and its licensee and licensors, and their employees, contractors, agents,
officers and directors, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees), resulting from or arising out of a) your use
and access of the Service, by you or any person using your account and
password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Forthscale systems Limited, nor its directors, employees,
partners, agents, suppliers, or affiliates, be liable for any indirect,
incidental, special, consequential or punitive damages, including without
limitation, loss of profits, data, use, goodwill, or other intangible losses,
resulting from (i) your access to or use of or inability to access or use the
Service; (ii) any conduct or content of any third party on the Service; (iii)
any content obtained from the Service; and (iv) unauthorized access, use or
alteration of your transmissions or content, whether based on warranty,
contract, tort (including negligence) or any other legal theory, whether or
not we have been informed of the possibility of such damage, and even if a
remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an
"AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties
of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, non-
infringement or course of performance.
Forthscale systems Limited its subsidiaries, affiliates, and its licensors do
not warrant that a) the Service will function uninterrupted, secure or
available at any particular time or location; b) any errors or defects will be
corrected; c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental damages,
so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of
United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will provide at least 30 days notice
prior to any new terms taking effect. What constitutes a material change will
be determined at our sole discretion.
By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.