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Terms and Condition

Terms and Condition
Terms and Condition

Terms and Conditions for Heliponix LLC

 

Welcome to Heliponix, which creates automated aeroponic GroPod appliances (“Devices”) and whose services are accessible through its website (the “Site”) and via its mobile device application (the “App”). Heliponix's mission is to allow the user to easily grow produce in the comfort of their home, eliminating the dependence on the grocery store for most produce.

 

  1. General Use and Standards for Devices

    1. Agreement to Terms
      By using the Device, the Site, and/or the App, you are agreeing to these terms and conditions (“Terms”) and our Privacy Policy. If you do not agree to these Terms and our Privacy Policy, do not use the Device, the Site, and/or the App.

    2. Changes to Terms and Conditions
      Heliponix may modify these Terms at any time, without prior notice. Heliponix may or may not notify you when changes, revisions, or termination are made to the Terms the Devices, the Site, or the App. All changes are effective immediately when Heliponix posts them, and they apply to all use of the Devices, Site, and/or App thereafter. If you continue to use the Devices, the Site, and/or the App after Heliponix has modified the Terms, you are indicating to Heliponix that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the he Device, the Site, or the App anymore. Heliponix reserves the right to change or discontinue all or part of the Services at any time and without notice.

    3. Use of Device
      The Device is intended for use as a aeroponic plant-growing machine. Seed pods for use in the Device may only be purchased directly from Heliponix, through the Site or the App. The Device is intended to grow only fruits, vegetables, and herbs only from pods from Heliponix. The Device may not be used for growing marijuana or other illegal plants or materials. Use of the Device to grow pods from other sources, marijuana, or other illegal plants or materials voids the Return Policy and all Warranties contained in these Terms.

    4. Device Monitoring
      Devices include a camera that is used to monitor the Devices and plants grown inside. Heliponix may access the camera at any time, to monitor your Device live or take images of your Device and plants. If you do not wish to share images of your Device and your plants with Heliponix, you may opt out and turn the camera off through the App. If you opt out, Heliponix will not monitor your Device live or take any images of your Device or plants. Disabling the camera will inhibit our ability to troubleshoot your device.

    5. Cleaning the Device
      The Device must be cleaned properly and frequently, according to instructions provided by Heliponix on the Site and the App, to maintain the health of the Device and of food grown in the Device. By using the Device, you are agreeing to clean the device when and as directed by Heliponix.

    6. Seed Pods and Food Safety
      Seed pods for use in the Device (“Pods”) may only be purchased directly from Heliponix, through the Site or the App. Pods from other sources may not be used in the Device. While the seeds are tested for quality and safety, food grown in the Device may be subject to damage, rotting, insects, or other naturally occurring conditions. Improper or infrequent cleaning of the Device against the provided Heliponix instructions may result in bacteria growth inside the Device. Heliponix is not liable for any food or illness or other damages resulting from using the Device.

    7. Personal Use Only
      Heliponix’s Device, Pods, and other products and services are for your personal, non-commercial use only. Once delivered to you, Devices, Pods, and other products and services may not be resold, redistributed, exported, or used for any other commercial purpose. The rights you have under these Terms are personal to you and are non-transferable. Heliponix does not offer returns, exchanges, or customer service for any Paid Services that have been acquired from an unauthorized reseller, including, but not limited to, any seller on Amazon, eBay or similar online marketplaces.

    8. Return Policy
      If you are not satisfied with the Device, it may be returned to Heliponix within 100 days of purchase for a full refund if the Device was only used as instructed by Heliponix. Use of Device to grow other source pods, marijuana, or any illegal plants or materials voids your ability to return the Device to Heliponix, and no refund will be issued for such misused Devices.
       

  2. Website and User Account

    1. User Data Collected
      Heliponix will collect user data via the Site and the App regarding use of the Device. This data will be used to improve and enhance user experience with the Device and the Site and App. By using the Device, Site and/or App, you agree to allow Heliponix to collect data on your use of the Device. If you do not agree to allow Heliponix to collect data, do not use the Device, Site, or App.

    2. User Data Privacy
      Please see our Privacy Policy for information about your user data privacy.

    3. User Account and Password Policy
      If you want to use certain features of the Device, you must create an account (“Account”) with Heliponix. You can create an Account through the Site or the App. You must provide Heliponix with accurate, complete, and up-to-date information for your Account, and you agree to update such information as needed, to keep it accurate, complete, and up-to-date. If you fail to keep your Account updated, Heliponix reserves the right to suspend or terminate your Account at any time and without notice. You shall not disclose your Account password to anyone, and You shall notify Heliponix immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.
       

  3. Pod Ordering

    1. Purchasing and Pricing
      Pods are available for sale only directly from Heliponix. Pods may be purchased individually or on an ongoing subscription basis. Pricing may vary, depending on the frequency and quantity of order. Prices are subject to change at any time, with or without notice.

    2. Payment
      The purchase of any Device, Pods, or other products (the “Paid Services”) may be subject to payments now or in the future, which in certain cases may include recurring, automatically renewing payment obligations (as further described in D. Subscription Services for Pods section below). You may place an order for Paid Services at any time through the Site or the App. You may check and correct any input errors in your order up until the point at which you submit your order to Heliponix by clicking the “Submit Purchase” button on the order page. An order submitted by you constitutes a legally binding offer given by you to Heliponix to purchase the Paid Services specified in that order at the price and on the terms stated when you place your order. All orders are subject to acceptance by Heliponix. Your order will not be considered accepted until Heliponix has received payment of the purchase price of your order. Heliponix may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your records. Unless otherwise stated at the time you place your order, title and risk of loss pass to you upon delivery to the shipping address you specified when you placed the order, provided full payment of all sums due in respect of the product(s), including any delivery charges, has been received.

    3. Billing
      Heliponix a third-party payment processor (“Payment Processor”) to bill you through a payment account linked to your Account on the Site or the App for the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Terms. More information is available in our Privacy Policy. Heliponix is not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay Heliponix, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize Heliponix, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. Heliponix reserves the right to correct any errors or mistakes that the Payment Processor, makes even if it has already requested or received payment.

    4. Subscription Services for Pods
      Some of the Paid Services, such as the purchase of auto-replacing Pods, may consist of recurring periodic charges as agreed to by you when you sign up for such auto-replacing products (“Subscription Services”). The Subscription Services give you the ability to specify how regularly you would like to order any auto-replacing products. Unless you opt out of a Subscription Service, as described in

    5. Cancellation Policy, the Subscription Services that you have signed up for will be automatically extended for successive renewal periods. By choosing a Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation of such Subscription Service. To change or cancel your Subscription Services at any time, go to your Account via the Site or the App. If you terminate a Subscription Service, your subscription will not be renewed after your then-current subscription term expires. Heliponix may submit periodic charges without further authorization from you, unless you cancel your Subscription Service. To terminate your authorization or change your payment method or Subscription Services, go to your Account.

    6. Cancellation Policy
      To cancel your Subscription Services at any time, go to your Account via the Site or the App. If you terminate a Subscription Service, your subscription will not be renewed after your then-current subscription term expires. By choosing a Subscription Service, you accept responsibility for all recurring charges prior to the effective date of cancellation of such Subscription Service.

    7. Pod Availability
      Pod availability may vary, based on seasonality, demand, or other factors. Heliponix may substitute similar Pods in your order or Subscription Services if the Pod(s) you selected are unavailable. Heliponix will provide notice to you through your Account of any substitutions

  4. Prohibited Uses

    1. Use of Other Pods
      Pods may only be purchased directly from Heliponix, through the Site or the App. Pods from other sources, including other sellers, resellers, manufacturers, and retailers, may not be used in the Device. The use of any prohibited pods in your Device voids the Return Policy and all Warranties contained in these Terms.

    2. Illegal Plants and Drugs
      The Device may not be used for growing marijuana or other illegal plants or materials. Regardless of the laws of the state where you use the Device, use of the Device to grow marijuana, or other illegal plants or materials voids the Return Policy and all Warranties contained in these Terms.

  5. Intellectual Property

The Device and Pods are covered by international mechanical utility PCT patents, and the company name and logo are protected by trademarks. You represent that all Heliponix content and all intellectual property arising out of or related to the Device, Site, and App is owned by Heliponix and is subject to copyright and other intellectual property law, including specifically the Heliponix name, Device functionality, trademarks, and all related names, logos, product and service names, designs and slogans (“Heliponix IP”) are the intellectual property of Heliponix. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Heliponix content or the Heliponix IP without the prior written consent of Heliponix. Heliponix shall not be liable for the accuracy, usefulness, safety, or the Heliponix IP or the intellectual property rights of or relating to Heliponix content.

  1. Disclaimers

    1. Manufacturer Warranties
      90 day warranty

    2. Prohibited Uses Void Warranty
      The prohibited uses listed in IV. Prohibited Uses void any and all Warranties from Heliponix contained in these Terms.

    3. Limitation of Liability and Warranties
      Heliponix makes no warranties of any kind whatsoever with regard to any Devices, Pods, products, or services sold on or available through the Site and App and specifically disclaims any and all such warranties, including without limitation, the warranties of merchantability and warranties of fitness for a specific purpose. Any use of the Device, Site, and/or App is at your sole risk. To the fullest extent permitted by law, Heliponix, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with your Use and the Device, Site, and App. Heliponix makes no warranties or representations with respect to the accuracy or completeness of the Site, App, or any content or the content of any websites linked to the Site or App and assumes no liability for any claims of any kind arising out of or related to your Use and access of the Device, Site, and App. Such disclaimer of liability includes but is not limited to liability arising out of or related to unauthorized access of your content or your account, interruption, or cessation of service, security breaches through virus or other means. You agree to indemnify Heliponix against and to release Heliponix from and hold Heliponix harmless from any and all claims or liability arising out of or related to the Device, Site, and App and to defend and indemnify Heliponix, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, including attorney fees, arising out of or related to your use in any manner.
      Heliponix shall maintain all purchase, sale, and payment information in a confidential manner as required by law, and shall notify you in the event of any breach, compromise, or accidental disclosure of any such information, including credit card information. By your use or purchase through the Site, App, or Services, you agree to hold Heliponix harmless from and indemnify Heliponix against any claim or liability arising out of or related to confidentiality of such payment information.

    4. Dispute Resolution
      These Terms and any action related thereto will be governed by the laws of the State of Indiana without regard to its conflict of laws provisions. You agree to resolve any claim, cause of action, or dispute you have with Heliponix arising out of or relating to these Terms, your use of the Device, Site, and/or App, and/or the Privacy Policy exclusively in a state court located in Indiana, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.

      1. Arbitration
        You agree that all disputes between you and Heliponix, regardless if such dispute involves a third party, including without limitation disputes related to these Terms, your use of the Device, Site, and/or App, and/or the Privacy Policy, will be resolved by binding, individual arbitration under the American Arbitration Association’s (“AAA”) Rules for Arbitration of Consumer-Related Disputes. You expressly waive trial by jury. If you violate or threaten Heliponix’s intellectual property rights, Heliponix may seek injunctive or other relief in any state or federal court in the State of Indiana. You may bring claims only on your own behalf. Neither you nor Heliponix will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration.

      2. Severability
        If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this D. Dispute Resolution section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Fees
Heliponix’s responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.

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