Terms of Service and Privacy Policy

Last updated: July 18, 2014

The use of HelpCue ("the Service") constitutes the acceptance of the terms and conditions below ("the Terms of Service").

Binary Gardens, Inc. ("the Company") may amend these Terms of Service at any time without notice.

Your account may be suspended or canceled if these Terms of Service are not respected.

That the company does not immediately act on its right to enforce the Terms of Service does not imply it waives its right to do so in the future. The Terms of Service is the full agreement between you and the Company and regulates your use of the Service. Any previous agreements between you and the Company are made null and void, and are replaced by the latest agreement.

The design and implementation of HelpCue is
COPYRIGHT © Binary Gardens, Inc. All rights reserved.

No part of the code or visual design elements may be copied or reused without prior written permission of the Company.

HelpCue’s Privacy and Security Responsibility

  1. Your privacy and security is a top priority for us.
  2. We use the highest industry standards to ensure information you share on HelpCue is secured against access by third-parties, including the use of SSL certificates.
  3. Nevertheless, you understand there are technical limitations to our ability to secure your data, such as the transmission of unencrypted information across various networks and unwarranted access by security agencies.
  4. The data you share and upload to HelpCue always remains your property. We do not claim intellectual property over the content you upload. We will never sell this information to third parties. We backup information you share on HelpCue to protect it in the event of server problems.
  5. For the purposes of ongoing product development we retain the right to review content shared on our servers, and to collect usage data for statistical purposes. If any information about the use of HelpCue is shared externally, all personal identifiers will be removed.
  6. We will never use your company or institution name for marketing purposes without your permission.
  7. We may change our privacy policy from time to time and will alert you to major changes by email or via our website (www.HelpCue.com).

We thank you for putting your trust in us!

Your responsibilities when using HelpCue

  1. When signing up for the Service, you do so with your full name and email address. You acknowledge that the safekeeping of your password and your account is your responsibility. Any loss or damages resulting from lack of compliance with this requirement cannot and will not be compensated for by the Company.
  2. When employing the Service in association with an institution, e.g., a learning establishment or a workplace, you only proceed when in possession of applicable privileges and authorizations.
  3. You declare that you are over the age of 13, or that you have the permission of your parent or legal guardian to use this software.
  4. You declare that your students are over the age of 13, or that you have the permissions of their parents or legal guardians to use this software.
  5. When you use the Service, you do so at your own risk. The company makes no guarantees that the service will conform to your expectations, nor be free of flaws, inaccuracies, or interruptions. We cannot guarantee that any problems in the Service will be fixed.

Fair use of HelpCue

  1. The Service must not be hacked or modified. It must not be copied, exploited, sold or resold, in whole or in part. Accounts must not be created by anything other than a human, such as a “bot” or other automated application.
  2. Use of the service constitutes an agreement to adhere to all relevant laws, including, but not limited to, federal, provincial and state legislation. The Service must only be used to share content in compliance with relevant copyright law. You must not use the Service to contravene any applicable laws. Any content or accounts in violation of these terms of service or infringing on another party’s intellectual property may be removed; however, the Company has no obligation to do so.
  3. In the event that your usage far exceeds the average, and particularly in the unlikely event that your activities diminish the performance of the Service for others, we may if necessary temporarily disable your account. We will attempt to contact you before doing so.
  4. The Service may be changed, disabled, or discontinued, temporarily or permanently, at any time, at the sole discretion of the Company, and with or without notice.
  5. The Company reserves the authority, at its sole discretion, to withhold the Service and/or discontinue an account (temporarily or permanently) to anyone, at anytime and for any reason. If we discontinue an account that has not been used in accordance with the Terms of Service we reserve the authority to delete all content you have shared or uploaded. While we do not in general monitor content, we reserve the authority (without the obligation) to delete or prohibit any content, at our sole discretion.

Payment, Refunds and Cancellation

  1. The Service is free for a specified period (“trial”). Following the trial the group owner will be charged for usage. This must be paid in advance or the group will be unavailable except in archive form until payment has been made.
  2. Fees for using the Service do not include taxes, duties or other costs levied by government entities local to your area or jurisdiction, except for Canada (federal and provincial) when appropriate. These non-Canadian taxes/duties/costs remain your responsibility.
  3. Cancellation of the Service is done in the Billing Page by clicking the “Cancel Subscription” link. Telephone and/or email requests to cancel cannot and will not be accepted. You can cancel at anytime and you will not be billed again. There will not be prorating of unused time in the billing cycle but the Service will continue normally until the time period you paid for is complete. The Company is not liable for failure on your part to properly cancel your subscription. At the end of that billing cycle all your content will be archived. This means that you will be able to access and export your content, but you will no longer be able to edit, add or remove content.
  4. Changing (upgrading/downgrading subscription) of the Service is done in the Billing Page. If you upgrade your subscription plan in the middle of a billing period, you will be charged a prorated amount for the difference in costs of the plans for the remaining time in the current billing period; this amount will be added to your next invoice. The upgraded plan will be available immediately. If you downgrade your plan in the middle of a billing period, you retain the benefits and costs of the original plan until the end of the billing period.
  5. A group and its contents will be automatically deleted when the last user has left the group. Data will no longer be exportable at this moment and the group will be considered closed.
  6. The Company reserves the right to adjust pricing. Any alteration will posted to our website (HelpCue.com) 30 days prior to the change taking effect. The Company will not be held liable to you or anyone else for any issues resulting from pricing changes.
  7. We want to make sure you’re happy with your use of HelpCue. If a problem comes up while using HelpCue, you’re not satisfied with the service, you upgraded plans unintentionally, or something seems wrong with the billing - contact us at [email protected] and we’ll do our best to make sure you’re satisfied.

Liability

We are categorically not responsible for any damage, tangible or intangible, caused by usage of the Service -- even if we have been apprised of the likelihood of such damages -- including but not limited to any damages resulting from:

  1. illegitimate or unauthorized access to or modifications of your content;
  2. interruptions to the Service, or inability to use the Service;
  3. offensive content posted by a user of the Service

Interactions with HelpCue

  1. Customer support is only available via email and the in-app Support messaging feature.
  2. If you have questions about our Terms of Service you can contact us via the in-app Support messaging feature, or via email to [email protected].
© 2014 Binary Gardens Inc.