Terms of Service

1. Acceptance of Terms

By accessing or using any Helvety services, websites, or applications ("the Services"), operated by Helvety by Rubin ("we," "us," or "the Company"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not access or use the Services.

These Terms constitute a legally binding agreement between you and Helvety by Rubin, a sole proprietorship (Einzelfirma) registered in Switzerland.

Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

2. Definitions

• "Services" refers to all Helvety websites, applications, platforms, and related services.
• "User," "you," or "your" refers to any individual or entity accessing or using the Services.
• "Digital Products" refers to software, digital downloads, and other non-physical goods.
• "SaaS Products" refers to software-as-a-service subscriptions providing ongoing access to software.
• "Physical Products" refers to apparel and other tangible goods.
• "Content" refers to all materials, including but not limited to software, text, images, and designs.

3. Account Registration

To access certain features of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Maintain the security and confidentiality of your account credentials.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account.

Age Requirement: You must be at least 18 years of age to create an account and use the Services. By creating an account, you represent and warrant that you are at least 18 years old.

We reserve the right to suspend or terminate your account at our sole discretion, without prior notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. Products and Services

4.1 Software Licenses

Upon purchase of Digital Products, you are granted a limited, non-exclusive, non-transferable, revocable license to use the software for personal or internal business purposes only. You may not:

• Redistribute, sublicense, sell, or transfer the software to any third party.
• Reverse engineer, decompile, or disassemble the software.
• Remove or alter any proprietary notices or labels.
• Use the software for any unlawful purpose.

4.2 SaaS Subscriptions

SaaS Products provide access to software functionality on a subscription basis. You do not acquire ownership of the software; you are granted access rights only for the duration of your active subscription. Access may be revoked upon subscription termination or non-payment.

4.3 Apparel and Physical Products

Physical Products are sold subject to availability. Product descriptions and images are provided for informational purposes. Title and risk of loss pass to you upon delivery to the carrier.

Sizing: All sizing information is approximate and provided as a general guide only. We recommend consulting our size guides before ordering. Sizing may vary between different product lines and manufacturers. We are not responsible for items that do not fit as expected if the sizing guide was not followed.

Colors and Images: We make every effort to display accurate colors of our products. However, actual product colors may vary from images shown due to differences in monitor settings, screen resolutions, photography lighting, and manufacturing variations. Minor color variations are not considered defects.

Care Instructions: All apparel products come with care instructions. You are responsible for following these instructions. Damage resulting from improper care, washing, or handling is not covered under our return or warranty policies.

Custom and Personalized Items: Custom or personalized products are made specifically for you and cannot be returned or exchanged unless they are defective or we made an error in production. Please review all customization details carefully before placing your order.

5. Free Services and Beta Features

5.1 Free Services

We may offer certain Services or features at no cost ("Free Services"). Free Services are provided "as is" without any warranties or guarantees of availability, functionality, or support.

We reserve the right to modify, suspend, or discontinue any Free Services at any time, with or without notice. We shall have no liability to you or any third party for any modification, suspension, or discontinuation of Free Services.

5.2 Beta and Experimental Features

From time to time, we may offer beta, preview, or experimental features ("Beta Features"). Beta Features are provided for testing and feedback purposes only and may:

• Contain bugs, errors, or other issues that may cause system failures or data loss
• Be modified, suspended, or discontinued at any time without notice
• Not be subject to the same security, performance, or availability standards as production features
• Be subject to additional terms and conditions

Use of Beta Features is entirely at your own risk. We strongly recommend maintaining backups of any data used with Beta Features. We shall have no liability for any data loss, damages, or other issues arising from your use of Beta Features.

6. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any similar solicitation without our prior written consent
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
• To harass, abuse, threaten, or intimidate other users or any third party
• To upload, transmit, or distribute any malware, viruses, worms, Trojan horses, or other harmful code
• To attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks
• To interfere with or disrupt the integrity or performance of the Services or the data contained therein
• To use any automated means (including bots, scrapers, or crawlers) to access the Services without our prior written permission
• To circumvent, disable, or otherwise interfere with any security-related features of the Services
• To resell, redistribute, or sublicense access to the Services without our prior written authorization
• To infringe upon the intellectual property rights, privacy rights, or other rights of any third party
• To collect or harvest any personally identifiable information from other users

Violation of this Acceptable Use Policy may result in immediate termination of your access to the Services and may expose you to civil and/or criminal liability.

7. User Content

7.1 Your Content

Certain features of the Services may allow you to upload, submit, store, send, or receive content, including but not limited to text, files, images, and other materials ("User Content"). You retain ownership of any intellectual property rights that you hold in your User Content.

7.2 License to Us

By uploading or submitting User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely for the purpose of operating, providing, and improving the Services.

7.3 Your Responsibilities

You are solely responsible for your User Content and the consequences of uploading or publishing it. You represent and warrant that:

• You own or have the necessary rights to use and authorize the use of your User Content
• Your User Content does not violate any applicable law, regulation, or these Terms
• Your User Content does not infringe the intellectual property rights or other rights of any third party
• Your User Content does not contain any viruses, malware, or other harmful code

7.4 Our Rights

We reserve the right, but have no obligation, to monitor, review, or remove User Content at our sole discretion, for any reason or no reason, including User Content that we believe violates these Terms or is otherwise objectionable.

7.5 No Liability for User Content

We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content. We shall have no liability for any User Content uploaded or posted by users.

8. Online Ordering Process

In accordance with Swiss law (UWG/LCD), we provide the following information about the technical steps leading to the conclusion of a contract:

5.1 Contract Formation Steps

The ordering process consists of the following steps:

1. Browse our products and select items you wish to purchase.
2. Add selected items to your shopping cart.
3. Review your cart contents, quantities, and prices.
4. Proceed to checkout and enter your shipping and billing information.
5. Select your preferred payment method.
6. Review your complete order, including all items, prices, taxes, and shipping costs.
7. Read and accept these Terms of Service by checking the required checkbox.
8. Click "Confirm Order" or "Place Order" to submit your order.

Contract Formation: Your order constitutes an offer to purchase. A binding contract is formed when we send you an order confirmation email. We reserve the right to reject orders at our discretion (e.g., due to stock unavailability, pricing errors, or suspected fraud).

5.2 Error Detection and Correction

Before submitting your order, you have the opportunity to detect and correct input errors:

• You can modify the contents of your shopping cart at any time before checkout.
• During checkout, you can review and edit your shipping address, billing information, and payment method.
• The order review page displays all order details, allowing you to verify everything before final submission.
• You can use your browser's back button to return to previous steps and make corrections.
• If you notice an error after submitting your order, contact us immediately at contact@helvety.com.

5.3 Order Confirmation

Upon successful submission of your order, you will receive:

• An immediate order confirmation email to the email address associated with your account.
• The confirmation includes: order number, itemized list of products, prices, applicable taxes, shipping address, and estimated delivery time (for physical products).
• For digital products and SaaS subscriptions, access information or download links will be provided in the confirmation or a subsequent email.

9. Pricing and Payment

All prices are displayed in Swiss Francs (CHF) or Euros (EUR) as indicated. Prices are subject to change without notice. All applicable taxes (including Swiss VAT where applicable) will be calculated and displayed at checkout.

Payment processing is handled by Stripe, Inc. By making a purchase, you agree to Stripe's terms of service. We do not store your complete payment card information on our servers.

You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You are responsible for any taxes applicable to your purchases.

10. Subscription Terms

Billing Cycles: Subscriptions are billed in advance on a recurring basis (monthly or annually, as selected). Your subscription will automatically renew at the end of each billing period unless cancelled.

Auto-Renewal: By subscribing, you authorize us to charge your payment method automatically at the start of each billing period. You may cancel auto-renewal at any time through your account settings.

Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access until the end of your paid period.

Price Changes: We reserve the right to modify subscription prices. You will be notified of any price changes at least 30 days before they take effect. Continued use after price changes constitutes acceptance.

11. Refund Policy

11.1 Digital Products

Due to the nature of digital goods, all sales of Digital Products are final once the product has been delivered or download access has been provided. No refunds will be issued for Digital Products except where required by applicable law or at our sole discretion.

11.2 SaaS Subscriptions

For subscription cancellations, you will not receive a refund for the current billing period but will retain access until its end. In exceptional circumstances, we may offer pro-rata refunds at our sole discretion.

11.3 Physical Products (Apparel)

For customers in the European Union and Switzerland, you have the right to withdraw from the purchase of Physical Products within 14 days of receiving the goods without giving any reason (in accordance with EU Distance Selling Regulations and Swiss consumer protection law).

To exercise this right, you must inform us of your decision to withdraw by a clear statement (e.g., email to contact@helvety.com). Products must be returned in their original condition, unworn and with all tags attached. You bear the cost of returning the goods.

Refunds will be processed within 14 days of receiving the returned items using the same payment method used for the original purchase.

12. Intellectual Property

All Content on the Services, including but not limited to software, text, graphics, logos, images, audio, video, and the compilation thereof, is the exclusive property of Helvety by Rubin or its licensors and is protected by Swiss and international copyright, trademark, and other intellectual property laws.

The Helvety name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Helvety by Rubin. You may not use such marks without our prior written permission.

Nothing in these Terms grants you any right, title, or interest in any intellectual property owned by us, except for the limited license rights expressly granted herein.

13. Limitation of Liability

13.1 Disclaimer of Warranties

THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION

13.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HELVETY BY RUBIN, ITS OWNER, AFFILIATES, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• COST OF SUBSTITUTE GOODS OR SERVICES
• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA

13.3 Maximum Liability

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED SWISS FRANCS (CHF 100).

13.4 Assumption of Risk

You expressly acknowledge and agree that your use of the Services is at your sole risk. You assume full responsibility for all risks associated with your use of any products purchased through the Services.

13.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemic, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14. Indemnification

You agree to defend, indemnify, and hold harmless Helvety by Rubin, its owner, employees, agents, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Services
• Your violation of any provision of these Terms
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right
• Any claim that your use of the Services caused damage to a third party
• Your breach of any applicable law or regulation

15. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to: intellectual property provisions, warranty disclaimers, limitation of liability, and indemnification.

You may terminate your account at any time by contacting us at contact@helvety.com. Account termination does not entitle you to any refund of fees already paid.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Basel-Stadt, Switzerland.

Language: These Terms are drafted in English. In the event of any discrepancy between this English version and any translation, the English version shall prevail.

EU Consumer Dispute Resolution: The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obligated and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Helvety by Rubin concerning the Services. These Terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and us regarding the Services.

No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices: Any notices or other communications provided by us under these Terms will be given: (i) via email to the email address associated with your account; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You may give us notice by email to contact@helvety.com or by mail to our address listed in the Contact section.

Export Compliance: You agree to comply with all applicable export and re-export control laws and regulations, including the Swiss State Secretariat for Economic Affairs (SECO) regulations, the US Export Administration Regulations (EAR), and sanctions programs administered by relevant authorities. You may not download or use the Services if you are located in a country or region subject to comprehensive sanctions, or if you are on any government list of prohibited or restricted parties.

Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

17. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Services.

18. Contact Information

For any questions about these Terms, please contact us: