Terms of Services
Date of publication: Jan 20-2022
Effective Date: Jan 20-2022
ABOUT THE HELLOGURU INC. AND ITS PLATFORMS
HelloGuru is a data connector and aggregator with SQL-free technology that works with every data source that allows you to connect securely to all the databases and applications that drive your business; centralize all your data and manage, integrate, transform and accelerate analytics methodically and efficiently.
- The Resources: information in an electronic form originated, compiled or processed by the Customer that is connected and aggregated through the HelloGuru Services.
- The Services: every one of the services, utilities, and functionalities that HelloGuru have available for the Customer on its platforms.
- The Customer: All natural or legal persons who subscribe to the Services offered by the HelloGuru platforms and are subject to these Terms of Service.
- Platforms: All digital environments, owned by HelloGuru, that bring together and allow the execution and use of all the digital tools developed or offered by HelloGuru to its Customers.
- Authorized person: any person who is authorized to access and use the Service by the Customer and has been provided with a Username and Password.
- Prohibited Content: data, sources, and resources illegal, for illegal purposes, non-legitimate, or obtained illegitimately, as well as the Resources that may cause serious moral injury, discrimination or moral harassment to a person or group of individuals.
- high-risk operations: Product or Services could lead directly to death, personal injury, or severe physical or environmental damage.
1.3 Creation of accounts and conditions of subscription to the Services
By opening an account at HelloGuru you declare that you meet the following requirements:
(1) that you are over 14 years of age. (2) that freely and voluntarily access the resources and services of HelloGuru and that you or your environment do not weigh any coercion or threat, psychological, physical, or mental limitation that prevents you from complying with what is agreed in these Terms of Service.
You also accept and commit to:
- Use a strong password and maintain the confidentiality of this and agree that your account is personal, unique, and non-transferable. You accept and understand that HelloGuru Inc. will not be responsible for the effects of an impersonation or unauthorized access to your account and linked services. In the event of any unauthorized use of your account, you must notify HelloGuru Inc. immediately and by the most appropriate way and sufficient means.
- Provide certain, current, complete personal data and that you will be responsible for updating them periodically. HelloGuru Inc. will be exempt from liability in the event that the inaccuracy or outdated of this data leads to non-compliance or inconvenience with the provision or use of the Services of HelloGuru.
- To create a single account and use it properly, in good faith and for a purpose consistent with the provisions of these Terms of Service and that you will refrain from any of the conducts described in section xx Prohibited Uses. You accept and understand that HelloGuru Inc. is exempt from any liability arising from the intentional, malicious or abusive use of your account that intends or manages to harm or cause harm to the HelloGuru Inc. or third parties. You accept and understand that HelloGuru Inc. reserves the right to temporarily suspend or permanently terminate your account when it detects or has serious indications about the commission of such conduct. As well as initiating legal actions against the Customer who through the fraudulent, malicious or abusive use of his account causes damage to HelloGuru Inc. or to third parties.
1.4 Prohibited Uses
By accepting these Terms and Conditions you agree to use the Services of HelloGuru properly, in good faith and for a purpose in accordance with the provisions of these Terms of Service and that you will refrain from engaging in the following behaviors:
- Use the Services of HelloGuru to appropriate or defraud intellectual property rights or privacy rights of HelloGuru Inc., other Customers or third parties. This includes, but is not limited to copying, using, disclosing or distributing improperly and without appropriate authorization, displays, images, trademarks and logos or patents and trade secrets or other proprietary rights, nor the collection or tracking of personal information from HelloGuru Inc. or third parties without proper authorization (except as allowed with respect to backups of your own data)
- Use the Services of HelloGuru to undermine the integrity, functionality, security, or performance of the Services of HelloGuru Inc., other Customers or third parties, by loading malicious or malicious code, computer viruses, harmful web script, or any other type of dangerous or insecure code.
- Decompile, disassemble, decrypt, or reverse engineer the HelloGuru platforms or any software provided or made available to you by HelloGuru Inc. or the Services or other digital products of third parties taking advantage of the trust, permissions, access, or information available to you through the Services.
- Allow the use or access to the Services by unauthorized persons who may jeopardize the integrity, security, and privacy of the property and assets of HelloGuru Inc.
- Deliberately frustrate or hinder the functionalities of the Service and the work of the HelloGuru team to enable or restore the Services.
- Use the Services beyond the contracted features, try to avoid additional service fees and try to probe, scan, or test the vulnerability of the Platforms or breach any security or authentication measures.
- Use the Services for illegal or non-legitimate purposes, or to connect, aggregate, store or process illegal content or information obtained illegitimately.
- Evade or defraud the conditions of creation of accounts and conditions of subscription to the Services described in the previous section.
- Make any public disparaging or negative remarks regarding HelloGuru Inc., its business, products, services, or its directors, officers, or other members of its executive team, including social networks.
- Resale, collect, list, offer, or price any product offered, designed, or owned by HelloGuru Inc. on HelloGuru platforms or its content without express and written authorization.
HelloGuru Inc. reserves the right to temporarily suspend or permanently terminate your account and the Services when it detects or has serious indications about the commission of such conducts. As well as initiating legal actions against the Customer who through the practices and conducts described herein causes harm to HelloGuru Inc. or third parties.
1.5 Prohibited Content
The Customer acknowledges and agrees that will be a serious breach of these Terms of Service connect, aggregate, store or process; data, sources, and resources illegal, for illegal purposes, non-legitimate, or obtained illegitimately, as well as the Resources that may cause serious moral injury, discrimination or moral harassment to a person or group of individuals. HelloGuru Inc. reserves the right to temporarily suspend or permanently terminate your account and the Services when it detects or has serious indications about the treatment or storage of Prohibited Content. As well as initiating legal actions against the Customer who through the practices and conducts described herein causes harm to HelloGuru Inc. or third parties.
1.6 Regulatory Compliance
In accordance with these Terms of Service, the Customer acknowledges and agrees that will be responsible for compliance legal, regulatory, and administrative in relation to how you choose to use the Services. If you access and use the Services in the United States the Customer undertakes to comply with all applicable laws and regulations relating to import, re-import, sanctions, anti-boycott, export and re-export control, including all laws and regulations applicable to U.S. businesses, such as the Export Administration Regulations , the International Traffic in Arms Regulations and the economic sanctions programs implemented by the Office of Foreign Assets Control and the United States Department of State. In accordance with these Terms of Service, the Customer declares and guarantees that he, as a natural or legal person or its financial entities or any third party that owns or controls the Costumer or its financial entities, have not been subject to sanctions or have been otherwise placed on any list of prohibited parties, including, without limitation, lists maintained by the United Nations Security Council, by the U.S. government (e.g., the List Specially Designated Nationals List and the U.S. Department of the Treasury Foreign Sanctions Evaders List, and the U.S. Department of Commerce Entity List) , the European Union or its Member States or any other applicable government authority.
1.7 International Access
If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.
You will reasonably cooperate with HelloGuru Inc. to identify the source of any problem with the Services that we reasonably believe may be attributable to the data, sources, and resources of your property (The Resources) or any materials, platforms, or software that you control.
1.9 Information accessibility and functionality
It is your responsibility to allow and guarantee that the data, sources, and resources of your property (The Resources) that are interconnected with our Services are available and are accessible, functional, and compatible with our platforms.
1.10 Quality and Precision of the Resources
It is your responsibility that all the information you submit on our platforms, as well as the data, sources, and resources of your property (The Resources) is accurate, complete, and not misleading; free of errors, corruption or logical defects that prevent the proper performance of the Services of our Platforms.
1.11 Corrective and emergency maintenance
the Customer acknowledges and agrees that in the event that the HelloGuru team finds any vulnerability, in case of finding critical flaws that prevent the Services from functioning, an emergency maintenance window will be established and used that will temporarily suspend the Services, this window may imply support on the customer´s side.
1.12 Copyright and intellectual property of third parties
It is your responsibility to maintaining licenses and rights of use of any software you run, use, or apply on the data, sources and resources (The Resources) of your property, that are interconnected with our Services. If we reasonably believe any of your Resources, violates the law, infringes, or misappropriates the rights of any third party, or otherwise violates a material term of these Terms of Service we will notify you and may request that such content be removed or access to it be disabled from de Service. If you do not remove or disable access to the Prohibited Content within 2 business days of our notice we will remove or disable access to the Service. Notwithstanding the foregoing, we may remove or disable access to Service when it is found that they are interconnected with Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services or in accordance with applicable law or any judicial, regulatory or other governmental order or request.
1.13 Privacy of personal data of third parties
If you process the personal data of identifiable individuals by using the Services, you are responsible for providing legally adequate privacy notices and obtaining necessary consents for the processing of such data, and in the way you process them. You represent to us and our affiliates that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for processing such data in accordance with applicable law.
This includes information of a particularly sensitive nature, such as personal information that may compromise the dignity and integrity of a person, Personal Financial Information and Personal Health Information or any data or information which may qualify as protected health information regulated under the Health Insurance Portability and Accountability Act of 1996 and related regulations (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) (all such data or information, collectively, “PHI”).
1.14 Temporary suspension for maintenance and emergency suspension
It is usual for the HelloGuru Inc. to carry out upgrades, patches, bug fixes, or other maintenance to the Services, we commit ourselves and we will try to use reasonable efforts to provide you with prior notice of any scheduled Maintenance, with the exception for emergency Maintenance, which by its nature does not It can be scheduled, and it is your responsibility to use reasonable efforts to comply with any Maintenance requirements that we notify when necessary.
1.15 Confidentiality and Non-Disparagement.
Confidentiality and Non-Disparagement. The Customer agrees and will be liable for not to make any disparaging or negative remarks regarding any HelloGuru Inc., its business, products, services, or its directors, officers or other members of its executive team, including communication media and social networks. This commitment extends to the Customer and all its dependents, employees and internal collaborators and its violation implies the violation of these Terms of Service.
The enforceability of these Terms of Services between the HelloGuru Inc. and the Customer will begin the day the latter accepts them, and they will continue to be enforceable until the Customer (i) rejects them and (ii) stops using the Services. This without prejudice to the fees that may be pending before the rejection and suspension of use of the Services and have been caused during the validity of these Terms of Service.
1.17 Security and non-disclosure
All administrative, corporate and operational processes of HelloGuru have a strong focus on information security, and the HelloGuru Inc. applies a robust internal security policy that includes multiple measures and internal processes that seek to guarantee the integrity, security and privacy of the data and the information (The Resources) of our Customers. HelloGuru digital resources and servers have and contain all reasonable electronic, digital, and physical infrastructure security measures to prevent unauthorized access, use or disclosure of our customers information, and their integrity against cyber-attacks or unauthorized access to our facilities.
In particular, helloguru.io servers are in a private network with a dedicated firewall, and are protected by round-the-clock interior and exterior surveillance. For physical security, our data centers are all SSAE-16 and/or ISO 27001 compliant. Our software infrastructure is regularly updated with the latest security patches. Through Google authentication, we offer two-factor authentication, and all traffic between servers is encrypted as well.
However, since HelloGuru has taken and will take all reasonable security measures to protect the Customer's information while is using the Services, the Customer agreed to:
- Maintain strict confidentiality of the Usernames and Passwords provided by the Hello Guru platforms, which should only be used by persons expressly authorized by the Customer.
- Instruct each authorized person to whom the Customer provide a Username and Password that they must not disclose it to any unauthorized person and must take all reasonable security measures so that no unauthorized person has access to it.
- Use or establish Usernames and Passwords that are reasonably secure and complex enough to avoid being easily deduced by unauthorized persons and to change them every 6 months.
- Take immediate action if you believe that your Username and Password have been compromised and may have been accessed by an unauthorized person; changing Username and Password, suspending the use of the Services and notifying us of the compromise of your access information immediately.
- The Customer will be responsible for the use that he gives to the Services and the integrity, security and privacy of his information when he gives or allows access to his Username and Password to an unauthorized person, for all purposes this person will be considered an authorized person even if it engages an unsolicited transaction or uses the Services in ways prohibited by these Terms of Service.
It is the Customer responsibility to assess and calculate the security risks to their operations before subscribing to and using the Services. If you consider, suspect, or discover that using the HelloGuru platform may cause you any type of damage, puts at risk in any way your rights, legal assets or legal attributions or patrimonial values it is your responsibility not to use, suspend or stop using its Services.
By subscribing to some additional services, it is possible that other allied companies or technology providers may have access to the HelloGuru databases, but they will only do so for the exclusive purpose of supporting the provision of the Service and keeping it operational and under the strict terms of a service and confidentiality agreement between HelloGuru and our allied companies or technology providers that you can see here: https://aws.amazon.com/agreement/
1.18 Management and use of the Services
By accepting these Terms of Service and using the Services you will be entitled to use the features, specifications, and functionalities of the subscription that you have chosen, however, you will be solely responsible for the development, content, operation, maintenance, and use of Your Resources, as well as the Customer will ensure that the Resources and the use of the Services do not violate any of the Policies, Regulations or any applicable law.
You are responsible for properly setting up and using the Service and for taking appropriate steps to secure, protect and back up your Resources in a manner that ensures the functionality of the Service, of the subscription that you have chosen, take measures for an appropriate level of security and protection, which may include the use encryption to protect your Resources from unauthorized access and periodically archive your Resources.
The use of the Services and its subscription are for the exclusive and individual use of the Customer, its employees and collaborators, these Terms of Service do not authorize and prevent the Customer to resale of any features, specifications, and functionalities of the subscription that you have chosen that does not include any right of resale, collect, list, offer, or price any product offered, designed, or owned by HelloGuru Inc. on HelloGuru platforms or its content without express and written authorization.
1.19 Customer's own Associated Services
These Terms of Service do not authorize and prevent the Customer to generate or articulate dependence between our Services and their services or permanent commercial operations, it is your responsibility use the Services in a way that is not necessary to carry out services or permanent commercial operations of the Customer, HelloGuru inc. will not be responsible for damages to services or permanent business operations of the Customer under any circumstances.
1.20 Additional Services
By accepting these Terms of Service and using the Services you will be entitled to use the features, specifications, and functionalities of the subscription that you have chosen, however, you should be aware that additional services come with additional fees, by accepting these terms of service and using the Services also agree to pay for those features, specifications, and functionalities additional to your initial subscription that you acquire on the HelloGuru platforms.
1.21 high-risk operations
the Customer acknowledges and agrees that the Services are not designed to attend high-risk operations or activities, under no circumstances generate dependency between the HelloGuru Inc. Services or its platforms and high-risk operations. Accordingly, we specifically disclaim any express or implied warranty of fitness for High-Risk Activities.
2.1 Trademarks and intellectual property of HelloGuru Inc.
HelloGuru Inc. reserves all its intellectual property rights over the banners, images, brands, and logos used in HelloGuru and in relation to the Services provided by the platforms, as well as all the intellectual rights over the software, codes, digital functionalities and applications related to the Services provided by the platforms. By accepting these Terms of Service and using the Services you will be entitled to electronically access and use the Service, but you are not authorized to copy, use, disclose or distribute them without the express authorization of HelloGuru Inc.
2.2 Third Party Copyright Infringement
HelloGuru Inc. has implemented a procedure to receive and consider alleged copyright infringements in content hosted or published on HelloGuru in accordance with Section 512, title 17 of the United States Federal Code or Digital Millennium Copyright Act (DMCA). If you believe in good faith that your copyright has been infringed, please send us a written and signed notice with the following information:
- A description of the protected material and subject to the alleged infringement.
- The location of the place, space or section of HelloGuru where the protected material was located, hosted or public.
- Your contact details; telephone, email inbox and physical address.
- An affidavit stating: 1° that the protected material is your own or that you are expressly authorized to act on behalf of the author and 2° that the use of the protected material was not authorized by you, your agents or the law.
You may file your notice with the officer designated by HelloGuru Inc. to receive and consider alleged copyright infringement at this address firstname.lastname@example.org.
2.3 Opposition to alleged infringement of third-party copyright
If third-party copyright infringement proceedings have been brought against you, you will be notified by HelloGuru Inc. and you will have the possibility to file an objection to such infringement under the terms of sections 512(g) (2) and (3) title 17 of the United States Federal Code or Digital Millennium Copyright Act (DMCA) with the officer designated by HelloGuru Inc. to receive and consider alleged infringements of the rights of the United States author at the following address: email@example.com.
2.4 Disclaimer of Warranties
HelloGuru Inc. does not warrant or ensure that the services provided at HelloGuru will be absolutely continuous and uninterrupted, maintain a certain level of performance or trust, and be error-free. HelloGuru provides its services, content, and information " as it looks", " as it is presented", " in the state in which it is” and " depending on availability". HelloGuru Inc. disclaims any warranties, whether express or implied in the provision of the Services provided by HelloGuru and its liability for these is limited to the fullest extent permitted by law. If you have rights or warranties established by law from which we cannot dissociate, the scope of such rights or warranties will be limited to the fullest extent permitted by law.
2.5 Limitations of Liability
You agree and acknowledge that you will use HelloGuru platform at your own risk and that HelloGuru Inc. shall not be liable for any damages to you or to any third party related to its use, failure or inability to use, including but not limited to incidental, special, punitive, exemplary or consequential damages, such as lost profits, consequential damages; loss of data or computer values, its change or modification, contagion of viruses, malware, malicious code or system failures, computer damage or errors, damage to devices, hardware or storage; network or internet failure or problems; the cost of replacement products or substitute services, loss of prestige and good name, loss of profits or business opportunities; interruption of work or service; or of any damage to the integrity of persons, by bodily injury, emotional or moral damage, even if we have been advised of the possibility of materialization of such damages.
If you consider, suspect, or discover that using the HelloGuru Platforms may cause you any type of damage to you or to any third party related to you or your business, puts at risk in any way your rights, legal assets or legal attributions or patrimonial values it is your responsibility not to use, suspend or stop using its Services.
You agree and acknowledge that you will defend and indemnify HelloGuru Inc., its business, products, services, or its directors, officers, or other members of its executive team against any loss, claims or damages arising out of or resulting from a claim by a third party in connection with:
- The use that the Customer gives to the Services, either by his own or his authorized personnel, employees, collaborators, or affiliated personnel who have access to the Service. Including but not limited to; use of the Services for illegal or non-legitimate purposes, or to connect, aggregate, store or process illegal content or information obtained illegitimately.
- Any damage, loss or claim that any data, sources, and resources of your property (The Resources) caused to any rights, legal assets or legal attributions or patrimonial values or a third party, whether public or private. Including but not limited to economic rights over industrial property, copyrights, trademarks, and patents, as well loss of prestige and good name, good-will, loss of profits or business opportunities.
- The violation of any provision of these Terms of Service by the Customer, his authorized personnel, employees, collaborators, or affiliated personnel who have access to the Service.
You will also reimburse reasonable legal expenses, as well as our employees and contractors time and materials used to respond to subpoenas or other binding court orders, or legal proceedings associated with third party claims described in the sections whose defence and indemnification obligation will survive even after you stop using the Services and reject these Terms of Service.
2.7 Third Party Sites
HelloGuru platforms in their interface and navigation may contain and present links to third-party websites that advertise or promote their services. These links and websites are not owned or controlled by HelloGuru Inc. which has no direct or indirect control over their content or purposes, so it does not assume responsibility for them, access them at your own risk. We recommend that you use them responsibly and with caution, always read the conditions and privacy policies of all third-party websites and services you visit.
If you consider, suspect, or discover that links to third-party websites taught or advertised on the HelloGuru platforms may cause you any type of damage or puts at risk in any way your rights, legal assets or legal attributions or patrimonial values it is your responsibility not to access these links and websites.
2.8 Manage and improve services
HelloGuru to allow the services to function normally and create new functions, facilitate the legitimate flow of information, and allow validations for access to the different functionalities of the platforms may use computer tools for automatic data collection, including cookies and web beacons.
You can disable cookies and web beacons at any time using the configuration tool of the browser you use, but you may not be able to access or enjoy some functionalities of the platforms by deactivating these tools. The procedure to deactivate is different depending on the browser you use:
2.9 Applicable law
These Terms and Conditions and the professional services agreement contained therein shall be governed by and construed in accordance with the laws of the State of Delaware and all legal proceedings arising with respect thereto or any other dispute between the parties as to the reason for the interpretation, application or performance of these Terms of Service and the service provision agreement contained therein, are subject to the Jurisdiction and Competence of the Superior Courts and Tribunals of the same State of Delaware whose substantive and procedural law will be applicable.
2.10 Legal Fees and Fees
In the event that it is required to initiate legal actions or proceedings, arbitrations or conciliation proceedings to enforce the provisions of this agreement, the prevailing party shall be entitled to compensation for the costs of the proceedings and attorneys' fees in accordance with the laws of the State of Delaware.
2.11 Changes and Updates
HelloGuru Inc. reserves the right to modify and update these Terms of Service, If we make any changes to them, we will give you reasonable notice through our information channels on the HelloGuru platforms, or by other means, to give you the opportunity to review the changes before they become effective.
Please note that some modifications cannot and will not be retroactive and will not apply to ongoing subscriptions or fees. If you do not agree with the changes, you are at total freedom to reject the Terms of Service and you can close your account and stop using the Services of the HelloGuru platforms, also keep in mind that the use of our Services after the effective date of the changes in the Terms of Services implies your acceptance.