HELIOS TALK

Terms and Conditions

UPDATED OCTOBER 2017

The Terms of Use (or, the "Terms") presented below are the basic rights and obligations that you have with us when you use our HeliosTalk communication services (“Services”). Our HeliosTalk web site provides a comprehensive description of our Services (http://heliostalk.com). Please read and understand these Services before you accept these Terms.

The language of the Terms are legally binding upon you and us, but we still tried to make them as simple as possible for you to read, so that we are sure that you knowingly choose to enjoy our Services under these binding Terms (which actually constitute a binding agreement between iTed Networks, Inc. [which we sometimes refer to as we or us] and yourself). By downloading and using our application, you have agreed to be legally bound by these Terms (somewhat akin to sitting down and ordering a meal, where you then have implicitly agreed to pay the check).

NO ACCESS TO EMERGENCY SERVICES; NOT INTENDED FOR BUSINESS COMMUNICATIONS: HeliosTalk is not a replacement for your ordinary mobile or fixed line telephone and does not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed. HeliosTalk is not intended to be used for commercial and business purposes and HeliosTalk cannot assure the integrity of your business communications.

You understand that, just like a regular mobile phone service, anyone with knowledge of your Phone Number (as we define below) may call you or send you messages through our Services and anyone you send a message to can use the content of your message as he or she desires.

1. Legal Capacity; Children and Minors

If you are under the age of consent in your country to form a binding agreement, you should only use our Services if you are either an emancipated minor, or have the legal consent of your parent or guardian for your use of our Service. You should use our Services only if you are fully able to understand and enter into and comply with these Terms.

2. Updates to Terms

We are always working on adding additional features to our Services, and because of that, and also since sometimes applicable laws change, we may revise and reissue these Terms occasionally, by posting updated Terms from time to time You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current Terms. If you do not agree to updated Terms, you should stop using our Services and/or close your account. Your continued use of any of our Services will be deemed as your acceptance of any revisions.

3. The Information You Give Us to Use our Services Must Be Correct

To access our Services, you will be asked to provide true and complete registration details. If we at HeliosTalk believe the details are not correct, current, or complete, we have the right to prevent you from accessing our Services, or any of its resources and to terminate or suspend your account.

4. Online Privacy Notice

Your privacy is important to us. To better protect your privacy, we provide notices explaining our information practices and the choices you can make about the way your information is collected and used at our Services. Please review HeliosTalk Privacy Policy (http://heliostalk.com/privacy).

5. Trademarks and Copyrights

Services and materials incorporated by HeliosTalk into our Services ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, logos, or other images incorporated by HeliosTalk in our Services may also protected as registered or unregistered trademarks, trade names, and/or service marks owned by HeliosTalk or others ("Trademarks"). HeliosTalk or its licensors own the title, copyright, and other intellectual property rights in the Material and the Services, and by using our Services, you do not acquire any ownership rights in Services or Materials. Additionally, HeliosTalk respects the intellectual property rights of others and asks users of our Services to do the same.

6. Phone Numbers

HeliosTalk has the legal and exclusive right to use, allocate and assign all Greek telephone numbers issued to us by our vendors and suppliers (the “Phone Numbers”) and which we then provide to you. The licenses to use these Phone Numbers belong to HeliosTalk and not to you. During the time you use our Services, HeliosTalk sublicenses to you and allows you to use the Phone Numbers. However, when you stop using our Services, your right and sublicense to use the Phone Numbers will terminate and all Phone Numbers you have used will then become available to HeliosTalk to reassign to another User.

7. Your Use of Our Material

7.1 Your right to make use of our Service, Material, Phone Numbers or other content appearing on it is subject to your compliance with these Terms. You may not modify, or use the Material or any other content on our Services for any purpose not permitted by these Terms. Such prohibited use violates these Terms and may be a violation of the Copyrights and/or Trademarks protected by law.

7.2 You may access and display Material and all other content displayed on our Services for non-commercial, personal, entertainment use on any computer, tablet, smart watch, or mobile device you own or control. The Material and all other content provided through our Services may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by HeliosTalk. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on our Services into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. You may not rent, lease, lend, sell, redistribute or sublicense the Material and/or the Services.

8. Charges for Services; Payments.

8.1 The Rates for using our Services are stated and kept current on the HeliosTalk web site. By downloading our app, creating your Helios account and providing your credit card information, you agree to pay for all calls you make or receive through HeliosTalk Phone Numbers at our Rates posted on our web site. HeliosTalk may, from time to time, change the Rates for our Services at any time without notice to you. Our new Rates will automatically apply, and be charged to your HeliosTalk account, after the new Rates have been published. Please check our latest Rates from time to time. If you do not accept the new Rates, please cancel your account immediately.

8.2 The duration of a call made or received through Phone Numbers shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. At the end of a call, fractional cent charges will be rounded up to the nearest whole cent.

8.3 Prepayment by Credit Card

8.3.1 Payment for Services

8.3.1.1 Monthly Fee

Our monthly fee for basic Services (i.e., subscription and unlimited incoming calls) must be paid by credit card. At the time you open your HeliosTalk account and provide your credit card information, the initial monthly fee shall be charged. Then, each month your account is in active status, we shall charge your credit card for the monthly fee (at the then current Rates). The automatic recurring charge feature will be automatically enabled when provide your credit card information and cannot be disabled as long as your account is active.

8.3.1.2 Outgoing Calls

Our outgoing calls Services must be prepaid. We can only accept credit card payments that are directly initiated by you. Therefore, it is your responsibility to maintain a sufficient credit balance on your HeliosTalk account to maintain outgoing call Services. We will attempt to notify you when your HeliosTalk account balance reaches a low balance, however, we cannot assure a timely notification, and depending on your usage of HeliosTalk and the amount you initially charge to your HeliosTalk account, you may need recharge you HeliosTalk account regularly. If you do not maintain a sufficient credit card balance on your HeliosTalk account, you may be locked out of our outgoing call Services.

8.3.1.3 Note

Any Rates identified in specific currencies are solely considered as examples, and do not take currency fluctuations or discrepancies into account.

8.3.2 It is your responsibility to keep your credit card information current and maintaining a positive balance in your HeliosTalk account . If a credit card charge is rejected, HelioTalk reserves the right to immediately terminate you right to use our Services and reassign the Phone Numbers we provided to you. Notwithstanding this right, we will attempt to contact you and give you the opportunity to update your credit card information before we terminate our Services. However, please understand, we must receive prompt payment, so, in order for you to maintain uninterrupted Services and have your Phone Numbers reassigned, you must keep your credit card current.

8.3.3 We use the services of third parties to process your credit card payments and we require that these third parties take the appropriate organizational and technical measures to protect your personal data and traffic data and to comply with relevant laws. Please review the terms of use and privacy policies of those third parties before providing your payment information. You agree that you are not relying on the future availability of any feature or product offered through our Services in agreeing to or making payments hereunder. You can change your payment method and billing information by logging into your HeliosTalk account. You agree that HeliosTalk may use information regarding your payment method provided. If you pay with foreign currency, you agree that the amount you are eventually credited may vary, as a result of foreign currency conversion policies of our third party payment processors, which you can find at the relevant website or location where you make the actual purchase.

8.4 HeliosTalk may collect VAT or other indirect taxes (by charging to your HeliosTalk account) at the applicable rate required under law at the time.

9. Refunds

9.1 Except as provided by law, all purchases are final and non-refundable. If you believe that HeliosTalk has charged your account in error, you must contact HeliosTalk within 90 days of such charge. No refunds will be given for any charges more than 90 days old.

9.2 HeliosTalk reserves the right to refuse a refund request if it reasonably believes or suspects (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature; (ii) that you are in breach of the Terms of Services; (iii) that you are using any of our products fraudulently or that your account is being used by a third party fraudulently; or (iv) that you purchased your credit through a third party service and the terms of such third party do not allow such refund. This refund policy does not affect any of your statutory rights to pursue a claim.

10. Responsibility for Your Use

You may only use our Services and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through our Services, otherwise you may be exposed to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to our Services is unlawful, you will bear the burden of establishing that it is lawful.

11. Security of User Accounts

If you create an user account by selecting a password and providing your name, You are responsible for all activities that occur under your account. You agree to notify HeliosTalk immediately of any unauthorized use of your account or any breach of security with respect to your account including your password. HeliosTalk will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your account. HeliosTalk shall be entitled to monitor your account and password and, at its discretion, require you to change your password. If you use a username and password that HeliosTalk considers insecure, HeliosTalk will be entitled to require this to be changed and/or terminate your User Account.

12. Violation of Security Systems

You are prohibited from using any services or facilities provided in connection with our Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, HeliosTalk reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.

13. Termination

We aspire that you will always continue to our Services for the long term, but you may terminate your relationship with HeliosTalk at any time. You can request that HeliosTalk delete your account and our cancellation policy shall apply. Where permissible under the law, HeliosTalk has the right to terminate your rights under our Services without notice.

14. Disclaimer of Warranties

Although we make great efforts to make our Services error and interruption free, we cannot promise that such efforts will result with such desired performance. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. OUR SERVICES AND ALL THE MATERIALS, PHONE NUMBERS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HELIOSTALK, ITS PARENT AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF HELIOSTALK ("THE HELIOSTALK GROUP") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE HELIOSTALK GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH OUR SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE HELIOSTALK GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON OUR SERVICES OR ANY WEBSITES LINKED TO OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE HELIOSTALK GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF OUR SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE HELIOSTALK GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF OUR SERVICES OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

15. Limitation of Liability

THE HELIOSTALK GROUP DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, OUR SERVICES OR ANY OTHER SITE, APP OR SERVICE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON OUR SERVICES OR ANY OTHER SITE, APP OR SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE HELIOSTALK GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE HELIOSTALK GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

16. Indemnity

You agree to indemnify and hold harmless The HeliosTalk Group from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content onto HeliosTalk's servers and/or from any and all use of your User Account.

17. Release

If you have a dispute with one or more users, you release The HeliosTalk Group from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

18. Investigations

HeliosTalk may seek to gather information from a user who is suspected of violating these Terms and from any other user. HeliosTalk may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If HeliosTalk believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. HeliosTalk may fully cooperate with any law enforcement authorities or court order requesting or directing HeliosTalk to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE HELIOSTALK GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE HELIOSTALK GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE HELIOSTALK GROUP OR LAW ENFORCEMENT AUTHORITIES.

19. Reservation of Rights

HeliosTalk reserves the right to modify or discontinue, temporarily or permanently, all or any part of our Services and/or block calls to your Phone Numbers, with or without notice and/or to establish general guidelines and limitations on their use.

20. Local Regulations

We make no representation that our Services are available for use or permitted by law in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

21. Third-Party Services

21.1 Our Services may link you to other sites on the Internet and third party partners which cooperate with us to provide you certain Services. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of HeliosTalk, and you acknowledge that (whether or not such sites are affiliated in any way with HeliosTalk) HeliosTalk is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, and that your use of such sites is subject to their respective terms of use. The inclusion of such a link does not imply endorsement of any site by HeliosTalk or any association with its operators.

21.2 HeliosTalk cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from HeliosTalk since the third-party sites are owned and operated by independent retailers. HeliosTalk does not endorse any of the merchandise, nor has HeliosTalk taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. HeliosTalk does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.

22. Proprietary Online Services

Any area of our Services that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

23. Jurisdictional Issues

The Materials and these Terms are presented for the purpose of providing information regarding the our Services available in the United States and elsewhere.

24. Choice of Law

To the extent permitted by law,, these Terms shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Virginia, as they are applied to agreements entered into and to be performed entirely within Virginia.

25. How to Contact Us

Our Services are controlled and operated by iTed Networks, Inc., a Virginia corporation. Please forward any comments or complaints about our Services to contact@heliostalk.com. We will endeavor to respond to your email within 24 hours of receipt, but depending on volume of email inquiries, it may take longer to provide you with an answer.

26. Miscellaneous

If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and HeliosTalk relating to the matters contained here and the Service.

In the event you read these terms in any language other than English, you agree that in the event of any discrepancies, the English version shall prevail.