These Terms of Service ("Terms") govern the use of the Heylingo software-as-a-service platform ("Heylingo", "we", "us", "our") provided via https://heylingo.io (the "Service"). Heylingo is a website localization and translation SaaS.
By registering for an account or using the Service, you ("Customer", "you", "your") agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.
These Terms apply to both consumers (B2C) and businesses (B2B). Mandatory consumer protection rules under applicable EU and member state law remain unaffected where you qualify as a consumer.
Heylingo provides a cloud-based platform that enables you to localize and translate websites and related digital content. Features may include, in particular:
The exact scope of functions and available features depends on the selected plan (including any free, trial, subscription or "lifetime deal" plans) as described on our website or in the ordering process.
We strive for high availability of the Service but do not guarantee uninterrupted, error-free or fully secure operation at all times. Maintenance work, updates, or events beyond our control may temporarily restrict availability.
To use the Service, you must create an account and provide truthful, current and complete information. You must promptly update your information if it changes.
You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account. You must notify us without undue delay if you suspect unauthorized use of your account.
You must not use the Service in violation of applicable law, particularly copyright, data protection and unfair competition laws. You must not upload or transmit unlawful, harmful, or infringing content, and you must not attempt to interfere with or disrupt the Service or its security mechanisms.
You are solely responsible for ensuring that your use of the Service, including the use of localized content on your own websites or services, complies with all applicable legal requirements in your jurisdiction.
Heylingo may offer different types of access, including free or trial access, time-limited paid subscriptions (e.g. monthly or annual) and special offers such as "lifetime deals".
Subscriptions & Recurring Billing
Paid plans may be subject to recurring billing periods. Unless otherwise stated, subscriptions renew automatically at the end of each billing period at the then-current price. You authorize Heylingo or its payment providers to charge the applicable fees via the payment method you specify. If a payment fails, we may attempt to re-process it and/or suspend access to the Service until payment is made.
Lifetime Deals – cancellable at any time by Heylingo
From time to time, Heylingo may offer so-called "lifetime deals" or similarly named offers which grant access to certain features or plan levels without recurring subscription fees. Notwithstanding the designation "lifetime" or similar wording, Heylingo reserves the right to cancel, terminate or discontinue any lifetime deal at any time, at its sole discretion and without prior notice.
If Heylingo cancels a lifetime deal for convenience (i.e. not due to your breach of these Terms or applicable law), Heylingo will, at its reasonable discretion, either (i) provide you with access to an alternative plan or solution that is at least materially equivalent for a certain period, or (ii) offer a fair and reasonable pro-rated or lump-sum refund, taking into account the price paid, the duration of use and the value already received.
If a lifetime deal is terminated or restricted due to your material breach of these Terms or applicable law, Heylingo may terminate such deal without any obligation to refund.
By purchasing or using a lifetime deal, you expressly acknowledge and agree that lifetime deals are not guaranteed to exist indefinitely, that Heylingo may change, limit or discontinue product lines and technical infrastructure over time, and that your right to use a lifetime deal is always subject to these Terms and to Heylingo’s right to cancel lifetime deals as described above.
Price Changes
Heylingo may modify subscription fees and conditions for future billing periods. Changes will be announced in advance. If you do not agree to the new fees, you may cancel the subscription before the new fees take effect. Continued use after fee adjustments constitutes agreement to the new pricing.
Taxes
All fees may be subject to applicable value-added tax (VAT) or similar taxes, depending on your location and status. You are responsible for any such taxes, unless explicitly stated otherwise.
Heylingo may offer free trials or promotional access to certain features at its sole discretion. The duration and scope of these offers will be specified at the time of registration.
At the end of a free trial, your access may either automatically convert to a paid subscription (if you provided payment details and were clearly informed about automatic conversion) or be restricted or terminated.
Heylingo may modify or discontinue trial or promotional offers at any time, without obligation to offer the same conditions in the future.
If you are a consumer residing in the EU, you may have a statutory right of withdrawal under EU and German consumer protection law when concluding a distance contract for paid digital services.
This right may expire early if we have begun to provide the digital service with your express prior consent and you have acknowledged that you lose your right of withdrawal once performance has begun. Information about your right of withdrawal and any model withdrawal form will be provided separately, where legally required.
You retain all rights to content you upload or process through the Service ("Customer Content"). You grant Heylingo a non-exclusive, worldwide, royalty-free license to host, store, process, display and transmit Customer Content solely as required to provide, maintain and improve the Service.
You warrant that you have all necessary rights to Customer Content and that its use in connection with the Service does not infringe any third-party rights or applicable laws.
All rights, title and interest in and to the Service, including software, design, trademarks, logos, know-how and documentation, remain the exclusive property of Heylingo or its licensors. You receive only a limited, non-exclusive, non-transferable, non-sublicensable right to use the Service within the scope of these Terms and the selected plan.
You must not copy, modify, reverse engineer or decompile the Service (except as allowed by mandatory law), remove any copyright, trademark or other proprietary notices, or use the Service to build a competing product or service.
Heylingo processes personal data in accordance with applicable data protection laws, in particular the EU General Data Protection Regulation (GDPR), and as described in our Privacy Policy.
Where required by law (especially in B2B relationships where you act as a controller and Heylingo as a processor), a separate Data Processing Agreement (DPA) may be concluded, which becomes part of the contract.
You are responsible for complying with data protection obligations in relation to your own customers, users and data subjects, including providing necessary information and obtaining valid consents where required.
Unless explicitly agreed otherwise, Heylingo provides the Service on a commercially reasonable efforts basis, without specific uptime or response-time guarantees.
Heylingo may perform maintenance, updates or changes to the Service at any time. Where reasonably possible, we will avoid doing so during peak usage times and aim to minimize disruption.
Basic support is generally provided via email or other channels indicated on our website. Response times and support scope may differ depending on your plan.
The contract begins upon successful account creation or upon acceptance of an order by Heylingo and remains in effect as long as you use the Service or have an active plan.
You may terminate a subscription at the end of the current billing period via your account settings or by contacting us within the notice periods specified for your plan.
Heylingo may terminate or suspend access for good cause, in particular in case of material breach of these Terms, misuse or unlawful use of the Service, or default of payment, and upon reasonable prior notice where termination is not caused by your fault (e.g. product discontinuation).
Upon termination, your right to use the Service ceases. We may delete or anonymize your data after a reasonable period, unless we are legally required to retain it. Provisions which by their nature should survive termination (e.g. limitation of liability, intellectual property provisions, payment obligations for amounts already due) shall remain in force.
For business customers (B2B), Heylingo provides the Service "as is" and "as available". There is no guarantee that the Service will meet all specific expectations or be free from interruptions, errors or security vulnerabilities.
For consumer customers (B2C) within the EU, statutory warranty rights apply, subject to any permissible limitations under applicable law.
Heylingo is liable without limitation for intent and gross negligence, for injury to life, body or health, and under mandatory product liability laws.
In cases of slight negligence, Heylingo is only liable for the breach of an essential contractual duty (a duty whose fulfilment enables the proper execution of the contract and on whose compliance the Customer regularly relies). In such cases, liability is limited to the foreseeable and typical damage at the time the contract was concluded.
To the extent permitted by law, Heylingo is not liable for indirect or consequential damages, such as loss of profit, business interruption, loss of data or loss of business opportunities, or damages resulting from improper use of the Service contrary to these Terms.
The above limitations and exclusions of liability also apply to the personal liability of Heylingo’s employees, representatives and vicarious agents.
Where you use the Service for business purposes, you shall indemnify, defend and hold harmless Heylingo from and against all third-party claims, damages, costs and expenses (including reasonable legal fees) arising from your breach of these Terms or applicable law, or your infringement of third-party rights (in particular regarding Customer Content).
Heylingo may make changes to the Service (including adding, modifying or removing features) to improve functionality, security and performance, to comply with legal requirements, or for other legitimate business reasons.
Heylingo may amend these Terms from time to time. We will inform you of significant changes in an appropriate form (e.g. via email or in-app notification). If you do not agree with the amended Terms, you may terminate your contract or plan as of the effective date of the new Terms. If you continue to use the Service after the new Terms take effect, you will be deemed to have accepted them.
These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
If you act as a merchant, legal entity under public law or special fund under public law, or do not have a general place of jurisdiction in Germany, the place of jurisdiction for all disputes arising out of or in connection with these Terms shall be Frankfurt am Main, Germany.
For consumers within the EU, mandatory consumer protection provisions and jurisdiction rules of your country of residence remain unaffected.
If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic intent of the original one, in compliance with applicable law.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Heylingo may assign its rights and obligations to an affiliated company or a successor in interest in connection with a merger, acquisition, or sale of assets.
No failure or delay by Heylingo in exercising any right or remedy under these Terms shall be deemed a waiver of such right or remedy.
If you have any questions regarding these Terms or the Service, please contact us at [email protected].