Terms of Service

1. Agreement to these Terms

By creating an account, accepting an order form, or using the service, you agree to these Terms and the referenced policies. If you use HelmMind for an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the service.

An order form, customer agreement, Data Processing Addendum, or product-specific terms may supplement these Terms. If there is a conflict, the signed agreement controls to the extent stated in it.

2. Eligibility and accounts

You must be at least 18 years old, or the age of legal majority where you live, and able to enter a binding contract. You must provide accurate registration information, keep it current, protect credentials and MFA methods, and promptly report suspected unauthorized use.

Workspace administrators control user invitations, roles, connected accounts, approvals, notifications, and data access. Users may not disable mandatory security controls unless the service and their organization expressly permit it. Optimizer users cannot disable the tenant's MFA policy.

3. The service

HelmMind is an AI-assisted paid media operations platform. Depending on the plan and availability, features may include dashboards, account comparison, alerts, recommendations, data-health context, templates, exports, notifications, role-based access, MFA, and integrations.

MVP recommendations are based on available data, rules, templates, and AI-assisted analysis. DynaMAR and other capabilities may be released progressively. Beta, pilot, preview, or planned features may be changed, limited, suspended, or discontinued and are not production commitments unless included in a signed agreement.

4. Authorized integrations

You may connect only accounts and data sources that you are authorized to access. By connecting a provider, you instruct HelmMind to access and process data within the granted scopes. You remain responsible for your relationship with the provider and compliance with its terms, policies, and advertising rules.

Provider APIs, permissions, data definitions, attribution, and availability can change. HelmMind is not responsible for provider outages, delayed data, rejected actions, account restrictions, or changes made by a provider.

5. Recommendations, approvals, and advertising decisions

HelmMind provides analyses, alerts, and recommendations to support decision-making. They are not a guarantee of performance and do not replace professional, legal, financial, regulatory, or platform-policy judgment.

You are responsible for reviewing the evidence, confirming business context, selecting budgets and objectives, approving actions, and monitoring results. Where a workspace enables supported execution, an authorized approval is your instruction to perform the approved action. Where direct execution is unavailable, HelmMind may provide an operator checklist only.

Advertising results depend on factors outside HelmMind, including market conditions, offer quality, creative, landing pages, tracking, platform auctions, budgets, attribution, and operator decisions. HelmMind does not guarantee revenue, ROAS, CPA, conversion volume, savings, or any other outcome.

6. Customer responsibilities

You agree to maintain lawful rights to all data, assets, instructions, and accounts you provide; configure roles and approval authority appropriately; keep data and objectives accurate; review recommendations before action; and comply with law and advertising-platform policies.

You must not submit secrets or sensitive data that the service does not request, including ad-platform passwords, private keys, raw payment-card data, or special-category personal data unless expressly supported by a signed agreement.

7. Acceptable use

You may not use the service to violate law or third-party rights; create deceptive, discriminatory, unsafe, or prohibited advertising; access accounts without authorization; bypass security or usage limits; interfere with service integrity; reverse engineer except where law permits; scrape or resell the service; introduce malware; or use outputs to build a competing model or service where prohibited by an applicable agreement.

8. Fees, subscriptions, and taxes

Paid plans are billed according to the price, term, limits, and currency shown at checkout or in an order form. Advertising spend and provider charges are separate. Fees may exclude taxes, which you are responsible for unless law requires otherwise.

8.1 Scope and business use

The Service is provided solely to business users acting in the course of trade or business. By subscribing, the Customer represents and warrants that it purchases the Service for business purposes and not as a consumer for personal, family, or household use. Nothing in these Terms excludes, restricts, or modifies a right or remedy that cannot be excluded under applicable law. Where mandatory rights apply, they prevail to the minimum extent required by law.

8.2 Free trial

New customers may be offered a free trial for the period stated at sign-up. One trial is available per customer. Unless the Customer cancels before the end of the Trial Period, the subscription automatically converts to a paid plan at the rate displayed at sign-up, and the payment method will be charged. Cancellation during the Trial Period is free of charge and can be completed online in the account settings, with the same ease as sign-up.

8.3 Subscription and auto-renewal

Subscriptions renew automatically for successive periods equal to the initial term (monthly or annual), unless cancelled before the renewal date. For annual subscriptions, HelmMind will send a renewal reminder at least thirty (30) days before the renewal date. The renewal charge will be made using the payment method on file at the then-current rate.

8.4 Cancellation

The Customer may cancel at any time through account settings. Cancellation is as easy as, and uses the same medium as, sign-up. No phone call, email request, or manual approval is required. Cancellation takes effect at the end of the current billing period; the Customer retains access until then. Except as set out below or required by law, no refund or credit is provided for partial periods or unused features. On cancellation, Customer data is handled under the applicable privacy and data-usage terms.

8.5 Plan changes and downgrade

Upgrades take effect immediately; charges are prorated for the remainder of the billing period. Downgrades take effect at the start of the next billing period. No refund or credit is provided for downgrades during a billing period, except as required by law.

8.6 Refund policy

Fees are non-refundable, except where a refund is required by applicable law; where HelmMind materially breaches these Terms and fails to cure within thirty (30) days of written notice; or for service credits granted under a Service Level Agreement, which are issued as credits against future invoices, not cash. Nothing in this section limits mandatory consumer refund rights.

8.7 Overage and late payment

Usage exceeding plan limits is billed at the overage rates in the current price list, settled at the end of each billing period. HelmMind will notify the Customer when usage reaches eighty percent (80%) of plan limits, where technically feasible. Overdue amounts have a fifteen (15) day grace period with written reminder; after that HelmMind may suspend service. Overdue amounts bear interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. Accounts unpaid for more than sixty (60) days may be terminated.

8.8 Consumer cancellation rights

Where the Customer is deemed a consumer under applicable law notwithstanding the business-use terms, mandatory cancellation, withdrawal, or refund rights are preserved. For European Union and United Kingdom digital services, checkout consent may cover immediate performance and acknowledgement of withdrawal rights as required by law. In China, the Service is a digital service delivered online and the seven-day no-reason return does not apply under Article 25(3) of the PRC Law on the Protection of Consumer Rights and Interests; this will be prominently displayed and separately confirmed at purchase. In the United States, cancellation is available through the same medium and with the same ease as enrollment, in compliance with applicable law.

8.9 Price changes

HelmMind may adjust prices with at least thirty (30) days’ advance notice via email or in-product notification. New prices apply from the next renewal after the effective date. The Customer may cancel before the effective date to avoid the new price; continued use after it constitutes acceptance. Prices in effect for a current paid period will not change during that period.

9. Customer data and permissions

As between you and HelmMind, you retain your rights in data, materials, instructions, and assets you submit or authorize ("Customer Data"). You grant HelmMind a limited right to host, copy, process, transmit, and display Customer Data only as necessary to provide, secure, support, and improve the service consistent with the Privacy Policy and any signed agreement.

You are responsible for obtaining all rights and notices required for Customer Data. HelmMind may generate aggregated or de-identified service information that does not identify a customer or individual, subject to applicable law and contractual restrictions.

10. HelmMind intellectual property

HelmMind and its licensors own the service, software, design, documentation, methods, rules, templates supplied by HelmMind, trademarks, and related intellectual property. These Terms grant a limited, non-exclusive, non-transferable right to use the service during the subscription for internal business purposes.

Feedback may be used to improve HelmMind without restriction or payment, provided it does not disclose Customer Data or identify a customer without permission.

11. Confidentiality

Each party may receive non-public information identified as confidential or that reasonably should be understood as confidential. The receiving party will use it only for the relationship, protect it with reasonable care, and disclose it only to personnel and providers who need it and are bound by appropriate obligations. Standard exclusions apply for information that is public, already known, independently developed, rightfully received, or legally required to be disclosed.

12. Suspension and termination

We may suspend access to protect the service, prevent harm, address non-payment, comply with law or provider requirements, or respond to a material breach. Where reasonable, we will give notice and an opportunity to cure.

You may stop using the service and close an account subject to billing terms. After termination, access ends and data is retained or deleted according to the Privacy Policy, signed agreement, and Data Deletion process. Export important records before closure where the service permits.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." HELMMIND DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE OR THIRD-PARTY DATA WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETE, OR SUITABLE FOR EVERY ADVERTISING DECISION.

14. Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business opportunity arising out of or relating to the Service.

Except as stated below, each party’s total aggregate liability arising out of or relating to these Terms will not exceed the fees paid or payable by the Customer to HelmMind during the twelve (12) months immediately preceding the event giving rise to the claim.

For claims arising from a breach of confidentiality, data protection or security obligations, or indemnification obligations, each party’s total aggregate liability will not exceed two (2) times the fees paid or payable during that twelve-month period.

The foregoing limitations do not apply to fraud, wilful misconduct, death or personal injury caused by negligence, the Customer’s payment obligations, or any liability that cannot lawfully be excluded or limited. If the Customer has paid no fees, HelmMind’s total aggregate liability will not exceed USD 100.

15. Indemnity

The Customer will defend, indemnify, and hold harmless HelmMind, its affiliates, and their respective officers, directors, employees, and agents from and against third-party claims, damages, losses, liabilities, costs, and reasonable legal fees arising out of or relating to:

(a) Customer Data, advertising content, products, services, or materials that are unlawful or infringe a third party’s rights;

(b) the Customer’s unauthorized access to or use of advertising accounts, integrations, data, or third-party services;

(c) advertising activities that violate applicable law, advertising platform policies, or third-party rights;

(d) the Customer’s material breach of these Terms; or

(e) misuse of the Service by the Customer or its authorized users.

HelmMind will provide prompt written notice of the claim and reasonable cooperation. The Customer may control the defense and settlement, provided that no settlement may admit liability on behalf of HelmMind or impose non-monetary obligations on HelmMind without HelmMind’s prior written consent.

Any indemnity provided by HelmMind for third-party intellectual property claims will be set out in an applicable Order Form or Enterprise Agreement.

16. Governing law and disputes

Governing law

If the Customer contracts with BlueStart Technology Limited (the “Hong Kong Entity”), these Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Good-faith negotiation and arbitration

Before formal proceedings, the parties shall attempt in good faith to resolve a dispute through written notice and negotiation for at least thirty (30) days. Unresolved disputes under contracts with the Hong Kong Entity are submitted to the Hong Kong International Arbitration Centre (HKIAC) for arbitration in Hong Kong, conducted in English, by a single arbitrator under the HKIAC Administered Arbitration Rules in effect at submission. The award is final and binding.

Mandatory rights and emergency relief

Where the Customer is a consumer, or mandatory consumer-protection or data-protection laws apply, nothing limits mandatory rights or remedies, including a right to bring proceedings before the courts of the consumer’s domicile where it cannot be waived. Either party may seek interim, injunctive, or other emergency relief from a competent court for actual or threatened IP infringement, data misappropriation, or breach of confidentiality; doing so does not waive arbitration. To the maximum extent permitted by law, disputes are resolved on an individual basis and not in a class, consolidated, or representative action, unless mandatory law prohibits this.

17. Changes

We may update these Terms to reflect changes to law, providers, security, pricing, or the service. We will post an updated effective date and provide additional notice for material changes where required. Continued use after the effective date constitutes acceptance to the extent permitted by law.

18. Contact

For questions about these Terms, contact service@helmmind.ai or use the Contact page.