Terms of Service

Welcome to Helium Designers (the "Agency," "we," "us," or "our"), accessible at https://heliumdesigners.org (the "Website"). These Terms of Service ("Terms") govern your access to and use of our Website and any services provided by us, including but not limited to web design, custom development, managed hosting, launch strategy, support, and security services (collectively, the "Services").

By accessing the Website or engaging our Services, you ("you," "your," or the "Client") agree to be bound by these Terms. If you do not agree, you must not access the Website or use our Services.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and Helium Designers. We reserve the right to modify these Terms at any time without prior notice. Continued use of the Website or Services after changes constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

2. Description of Services

We offer premium web design and development services, including stunning designs, custom development, managed hosting, launch support, security features, and related offerings as described on the Website. Services are provided on a project-by-project or subscription basis, as agreed in separate statements of work, invoices, or agreements (if any).

All Services are provided on an "as is" and "as available" basis. We may modify, suspend, or discontinue any part of the Services at any time without notice or liability.

3. No Guarantees or Warranties

WE MAKE NO PROMISES, GUARANTEES, OR WARRANTIES OF ANY KIND REGARDING THE SERVICES OR THE WEBSITE.

Any statements, claims, or representations on the Website (including but not limited to claims of ROI, revenue growth, performance metrics, uptime percentages, security levels, results achieved by past clients, or the method of creation—human or AI) are for illustrative and marketing purposes only. They are not guarantees, warranties, or binding commitments. Actual results and methods of creation may vary significantly and depend on numerous factors beyond our control.

THE SERVICES AND WEBSITE ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, PERFORMANCE, ORIGINALITY, OR THAT ANY WORK WILL BE EXCLUSIVELY HUMAN-CREATED.

We do not guarantee that the Services will meet your requirements, achieve any specific results, be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components.

4. Client Responsibilities

You are solely responsible for:

• Providing accurate, complete, and timely information required for the Services.
• Your use of the Services and any content you provide or upload.
• Compliance with all applicable laws and regulations.
• Backing up your data; we are not responsible for any loss of data.

You agree not to use the Services for any illegal, harmful, or unauthorized purpose.

5. Payment Terms

If applicable, payment terms will be outlined in separate invoices or agreements. All fees are non-refundable unless explicitly stated otherwise. We reserve the right to change pricing at any time.

6. Intellectual Property

We retain all rights, title, and interest in the Services, Website, and any materials we create (except for your pre-existing content). Upon full payment, we may grant you a limited license to use deliverables as agreed, but no ownership transfer occurs unless explicitly stated in writing.

You grant us a worldwide, royalty-free license to use any content you provide for delivering the Services.

7. Disclaimers and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR RELATED TO THE WEBSITE, SERVICES, THESE TERMS, OR THE USE (OR POTENTIAL USE) OF ARTIFICIAL INTELLIGENCE IN YOUR PROJECT.

This includes, without limitation:

• Direct, indirect, incidental, consequential, special, punitive, or exemplary damages.
• Loss of profits, revenue, data, goodwill, business opportunities, or use.
• Damages from third-party claims, interruptions, errors, delays, security breaches, failures, or issues related to AI-generated content (including but not limited to originality, copyright, quality, or suitability).

Our total liability, if any, shall not exceed the amount you paid us in the 12 months preceding the claim (or $100 if no payments were made).

We are not responsible for:

• Actions or omissions of third parties (e.g., hosting providers, payment processors, AI tool providers, or your users).
• Force majeure events (e.g., acts of God, war, pandemics, or internet outages).
• Your failure to follow instructions or secure your accounts.

Some jurisdictions do not allow certain limitations, so the above may not apply to you, but only to the extent prohibited by law.

8. Indemnification

You agree to indemnify, defend, and hold harmless Helium Designers, its affiliates, officers, and agents from any claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising from your use of the Services, violation of these Terms, infringement of third-party rights, or any issues related to AI-generated deliverables.

9. Termination

We may terminate or suspend your access to the Services or Website at any time, without notice or liability, for any reason, including if we believe you have violated these Terms.

Upon termination, all licenses granted cease, and you must cease using the Services.

10. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Delaware, USA, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the courts of Delaware.