Terms of service

1. Who we are

Helios is a product of Networkguys, Smitspol 7-a7, 3861 RS Nijkerk, the Netherlands, Chamber of Commerce (KVK) 92258727, VAT NL865960859B01. In these terms "we" and "Networkguys" mean that company, and "you" means the business that signs up for Helios.

Everything about the company behind Helios is on networkguys.nl. You reach us at info@networkguys.nl, and at support@networkguys.nl for support.

2. These terms

These terms apply to every use of Helios and of heliosmonitor.com. By creating an instance you accept them on behalf of your business, and you confirm that you are allowed to do so.

Helios is meant for businesses and professionals. It is not offered to consumers.

Your own purchasing or other terms do not apply, unless we have agreed to them in writing.

3. Your account and your instance

You get an instance of your own on an address of your own. You give us correct details when you sign up and you keep them up to date.

You keep your sign-in details secret and you are responsible for everything that happens in your instance, including what the users you add do.

Tell us at once if you think somebody else has access to your instance.

4. Plans, prices and payment

The Starter plan is free within the limits shown on the pricing page. Paid plans and paid options are billed per month, in advance, by direct debit through our payment provider.

Prices are in euros and exclude VAT, unless stated otherwise. The price that applies is the one shown when you choose a plan.

We may change prices. We tell you at least 30 days before a new price applies to you, and you can stop your plan before it does.

A period that has started is not refunded. If a payment fails or is reversed, we may move your instance back to the Starter plan or suspend it until the amount is paid.

5. What you may and may not do

You only use Helios to monitor networks, devices and systems that are yours, or that you have clear permission to monitor.

You do not:

• try to get access to somebody else's instance, or to our systems beyond what Helios offers you;
• use Helios to store or send special categories of personal data, or anything unlawful;
• put an unreasonable load on Helios, or get around the limits of your plan;
• resell Helios or offer it as your own service without our written permission;
• copy, decompile or reverse engineer Helios, except where the law gives you that right.

We may set reasonable limits, such as on the number of alerts or checks, to keep Helios working for everybody.

6. What Helios is, and what it is not

Helios shows you the state of your network and tells you when something changes. It is an aid. It does not replace your own supervision, your own backups or your own procedures.

Alerts depend on networks and services we do not control, such as WhatsApp, Telegram, Slack, Discord, email providers and mobile networks. An alert can arrive late or not at all. Do not rely on Helios as the only way to learn about an outage.

WhatsApp has no official integration for the way Helios sends alerts through a linked number. WhatsApp can block a linked number. Linking a number is your own choice and at your own risk.

Helios reads from your devices and controllers and does not change their configuration. You are responsible for the access you give Helios, such as API keys and credentials, and for withdrawing it when you no longer want it.

Do not use Helios where a missed or late alert could lead to death, injury or serious damage to property or the environment.

7. Availability and changes to Helios

We work to keep Helios available and correct, and we provide it as it is. We do not promise that Helios will be available without interruption or free of errors, unless we have agreed a service level with you in writing.

We may take Helios offline briefly for maintenance. Where we can, we do that outside office hours.

Helios keeps changing. We may add, change or remove features. If a change takes away something you pay for and depend on, you may stop your plan.

Features marked as coming soon, beta or preview, and everything on the roadmap, are plans and not promises. They can change, arrive later or not arrive.

8. Your data

What you put in your instance stays yours. We use it only to provide Helios to you.

Helios is hosted in the Netherlands, within the European Union. We never sell your data and we do not use it for advertising.

Where your instance holds personal data, we process it for you as your processor. The data processing agreement on this site is part of these terms.

How we handle personal data ourselves is in our privacy policy.

9. Intellectual property

Helios, its software, its design and its name belong to Networkguys. You get a right to use Helios for as long as the agreement lasts, and nothing more.

If you send us ideas or feedback, we may use them freely to improve Helios.

10. Liability

We are only liable for direct damage that is the result of a failure of ours that can be attributed to us.

We are not liable for indirect damage, such as lost profit, lost revenue, lost savings, loss of data, damage from a business standstill, or claims from your own customers.

Our total liability per event, with a series of connected events counting as one, is limited to what you paid us for Helios in the twelve months before the event, and to 100 euros if you used Helios free of charge.

A claim lapses if you have not reported it to us in writing within twelve months of discovering the damage.

These limits do not apply to damage caused by our intent or deliberate recklessness, or where the law does not allow a limit.

We are not liable for failures caused by circumstances beyond our reasonable control, such as failures at our suppliers, of the internet, of power, or of the networks and services through which alerts are sent.

11. Claims from others

You protect us against claims from others that follow from your use of Helios in breach of these terms or the law, for example because you monitored a network without permission, and you pay the reasonable costs we incur because of such a claim.

12. Term and ending

The agreement starts when you create your instance and runs until one of us ends it.

You can stop a paid plan at any time inside Helios. It then runs until the end of the period you paid for. You can ask us to remove your instance at any time.

We may suspend or end your access if you break these terms, if a payment stays unpaid, or if we are required to by law. Where that is reasonable, we warn you first and give you time to put things right.

We may remove an instance on the Starter plan that has not been used for a long time. We tell you by email at least 30 days before we do.

After the agreement ends we delete your instance and what is in it within 90 days, except for what the law requires us to keep, such as invoices.

13. Changes to these terms

We may change these terms. For a change that matters, we tell you by email or inside Helios at least 30 days before it applies. If you do not agree, you can stop before that date. If you keep using Helios after it, the new terms apply.

14. Law and disputes

Dutch law applies to these terms and to the use of Helios. Disputes go to the competent court in the district where Networkguys is established, unless the law prescribes another court.

If part of these terms turns out not to be valid, the rest stays in force.