Terms of Use

Regulations of Helitrends’ Mobile Application

Effective Date: December 01, 2022

§ 1 General provisions:

These Regulations lay down rights and obligations of the Service Provider and the User of the Application and specify the conclusion rules of an Agreement for Paid Services.
The terms used in the Regulations and written with a capital letter have the following meaning:

Account - a separate part of the platform, secured with a login and password, made available to a registered User;
Agreement - an additional agreement based on the Regulations concluded between Helitrends and the User for the provision of Paid Services;
Application – a mobile application that is provided by Helitrends in accordance with the Regulations;
Civil Code - the Act of April 23, 1964, the Civil Code (Journal of Laws of 2020, item 1740, as amended);
Consumer - an User that is (i) a natural person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity, or for the purposes of the Regulations, also (ii) a natural person concluding an agreement directly related to his economic activity, when the content of this agreement shows that it does not have a professional nature for him, resulting from in particular, the subject of economic activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Activity;
Helitrends or Service Provider - Helitrends sp. z o. o., Wojska Polskiego 9 street, 39-300 Mielec, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, XII Commercial Division of the National Court Register, under the KRS number: 0000842161, using the NIP (tax identification number): 8172196708, share capital: PLN 5.000,00, that can be contacted via an e-mail address: contact@helitrends.com;
Paid Services – a scope of activities offered through Application for a specified in a respective Agreement fee;
Party or collectively Parties - a party/parties to the Regulations (contract) – i.e. the Helitrends and/or the User.
Regulations / Contract – these terms and conditions (contract) concluded between Helitrends and the User, that are also the regulations of the services provided electronically;
Services - a scope of activities offered through Application that can be provided (i) without payments; or (ii) for a fee (Paid Services);
User - a person who uses the Application, including Services;

The Application has the following technical requirements: (a) iPhone or iPod touch with iOS in the version 13.2 or newer; (b) iPad with iPadOS in the version 13.2 or the newer. Application must be installed on an User’s mobile device which meets the above-mentioned technical requirements before it can be used.

§ 2 Provision of services:

As part of the Application, Helitrends provides Services within the scope and under the terms set out in these Regulations or a respective Agreement.
Helitrends provides the following services provided electronically:

allow Users to browse the resources of the Application;
setting up and keeping the User's Account in the Application after registration of the User;
allow Users to add helicopters - create and configure your helicopter;
allow Users to add helicopters - create and configure your helicopter;
allow Users to check if they have enough power to flight;
allow Users to collect and share results;
allow Users to contact the Service Provider;
allow Users to evaluate the Service Provider and leave comments.

The scope of available services indicated in § 2.2 may be different depending on the options provided by the Service Provider or Application version – the complete list of Services is presented within the Application.
The provision of Services by Helitrends is free of charge for the User, subject to the Paid Services. Detailed information regarding Services, including fee, is presented within the Application.
In the event of the User's consent granted for sending commercial information, Helitrends may send commercial information as part of the newsletter – until such consent is withdrawn by the User. The newsletter service is provided by Helitrends for the User without any additional payment during the validity of such a User’s consent.
Services may be available solely for the User who has created an Account.
In the case of Paid Services, the User may enter into an Agreement. User’s payments for the Agreement are made using the Apple In-App Purchase service, in accordance with the terms of such service, or other payment providers, if such option is available. The condition for the conclusion of the Agreement is the proper payment of a fee by the User - User is obliged to make such payment immediately.
Within Application User’s personal data may be processed by Helitrends –detailed information about data processing is included in Helitrend’s Privacy Policy, that is available at https://www.helitrends.com/privacy-policy-mobile.html (“Privacy Policy”).
The User has the right to obtain from Helitrends information about the special risks related to the use of Services provided electronically on the basis of the Regulations / Agreement. Use of Services provided electronically, is related to the typical risks associated with the transmission of data via the Internet, such as dissemination of User’s data, gaining access to it by unauthorized persons or loss of User’s data. Helitrends and the User are obliged to take actions to minimize these risks. In particular, Helitrends applies the appropriate safeguards, and the User is obliged not to make data allowing to log into Account available to unauthorized persons.

§ 3 Terms of use and liability:

Helitrends does not grant the User with any warranty related to the Regulations and Services. Although every effort has been made, Helitrends cannot guarantee the uninterrupted and correct functioning of the Application.
The User is responsible for the content the User publishes. In particular, the User guarantees that they are in compliance with law and that their publication does not violate the rights of Helitrends or the rights of third parties, in particular by violating property rights, intellectual property rights, including economic or moral author’s rights.
It is prohibited to share illegal content and materials within the Application.
The User should be aware that the Application must not be used for the determination of airworthiness, but can be used as the tool to support users in power check calculations.
In case of a User, which is not a Consumer:

Helitrends cannot guarantee that the information in the Application is correct and Helitrends is not liable for any related damages;
Helitrends liability under the Regulations and an respective Agreement is restricted solely to wilful misconduct and in case of lost profits – excluded;
when such User fails to comply with the rules set in these Regulations, Helitrends has right to immediately delete such User's account without any notice;
when such User regularly violates the Regulations, Helitrends may block such User’s Account for a specified or unspecified period of time.

All content of the Application placed by Helitrends, such as functionality, graphics, logotypes, button icons, images are the property of Helitrends and are protected by a copyright law. Helitrends grants User a non-exclusive license to use the Application and its content, without territorial restrictions, for the duration of the Contract within the scope specified in the Regulations or a respective Agreement.

§ 4 Duration of the contract or the respective agreement:

The Contract is concluded for an indefinite period of time at the moment of the first run of the Application and after the prior acceptance of these Regulations and the Privacy Policy by the User.
The respective Agreement is concluded after User’s payment for the Paid Services and is valid during the period specified in such Agreement.
Subject to section 6 below, by sending the withdrawal to the Service Provider, without giving any reason, Consumer has the right to withdraw from:

the Contract within 14 days from the date of conclusion of the Contract;
the Agreement within 14 days from the date of conclusion of the Agreement.

In order to exercise the right of withdrawal referred to in section 3 above, the Consumer must inform the Service Provider of its decision to withdraw from the Contract or the relevant Agreement by an unequivocal statement sent by post or e-mail to the address of the Service Provider. The Consumer may use the model withdrawal form provided in section 9 below. To meet the withdrawal deadline, it is sufficient for the Consumer to send information regarding the exercise of your right to withdraw from the Contract or the respective Agreement before the deadline to withdraw from the Contract or the respective Agreement. In the event of a withdrawal from the Contract or the respective Agreement – if applicable – we return to the Consumer all payments received from Consumer, immediately, and in any case not later than within 14 days from the date on which we were informed of Consumer's decision to exercise the right to withdraw. Service Provider will refund the payment using the same payment methods that were used by Consumer in the original transaction related to a respective Agreement, unless the Consumer has expressly agreed otherwise; in any event, the Consumer shall not bear any fees in connection with such reimbursement.
Only digital content is provided under the Contract or the relevant Agreement, therefore if Consumer gives Consumer’s explicit consent to provide a service under the Contract or a respective Agreement before the end of the withdrawal period mentioned in section 3 above from such Contract or an Agreement, the Consumer loses the right to withdraw from such Contract or a respective Agreement.
The right of withdrawal from the contract concluded at a distance does not apply to contracts for the provision of services, if the Service Provider has performed the service in full with the express consent of the User, who was informed before the provision of services, that after the performance by the Service Provider will lose the right to withdraw from the contract. If, at the express request of the User, the Service Provider has begun to provide the services before the expiry of the withdrawal period, in the event that the User exercises the right of withdrawal, the User will be obliged to pay for the performance completed until the withdrawal from the contract. The payment amount shall be calculated in proportion to the scope of the performance.
Termination of the Contract entails the termination of each Agreement. Termination of a respective Agreement does not entail termination of the Contract.
If the Contract or the respective Agreement are terminated and the User has made a payment for Paid Services, the Service Provider will reimburse to the User the payments made by the User for Paid Services in proportion to the end of the term of such Agreement.
To exercise the right referred to in section 3 above, the Consumer may use the following withdrawal model:

(this form should be completed and returned only if you wish to withdraw from an agreement)

Addressee
Helitrends sp. z o.o.
Wojska Polskiego 9 street
39-300 Mielec, Poland,
e-mail address: contact@helitrends.com,

I / We (*) hereby inform / inform (*) about my / our withdrawal from the agreement for the provision of the following service (*)

Date of conclusion of the agreement (*) / receipt (*)
Name and surname of the consumer(s)
Consumer(s) address
Consumer(s) address
Date

(*) Delete as appropriate.

§ 5 Complaints procedure and (extrajudicial) dispute resolution:

We make every effort to provide Users a pleasure in using Application, however, in case of any irregularities in the Application's functioning please notify the Service Provider.
Complaints by the User must be sent to the following e-mail address contact@helitrends.com. In the complaint, the User should include his/her name and surname, e-mail address (or other correspondence address), the subject of the complaint and the reason for the complaint.
In the case of a consumer in the meaning of article 22(1) of the Civil Code - complaints about functioning of the Application shall be considered by the Service Provider immediately, not later than within 30 days from the date of receipt of such a complaint. If Service Provider has not responded to the complaint of a consumer in the meaning of article 22(1) of the Civil Code within the time limit referred to in the preceding sentence, it is deemed that Service Provider has accepted the complaint of a consumer in the meaning of article 22(1) of the Civil Code.
A consumer in the meaning of article 22(1) of the Civil Code has the possibility to use out-of-court ways of dealing with complaints and claims, in accordance with the Internet Dispute Resolution procedure developed by the European Commission. At http://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and traders at EU level (ODR platform). This paragraph is for informational purposes and does not constitute an obligation on the part of the Service Provider to use out-of-court dispute resolution. The Service Provider's statement of consent or refusal to participate in the procedure for out-of-court resolution of consumer disputes shall be submitted by the Service Provider on paper or another durable medium in the event that the dispute has not been resolved following the complaint submitted by the User.
In the case of the User, which is not Consumer, the court with jurisdiction for disputes will be the court competent for Helitrends.

§ 6 Final provisions:

Upon uploading any content to the Application (even if in unfinished form) (“Content”), the User grants Helitrends, for the term of the Contract and for an indefinite period thereafter, a non-exclusive, royalty-free authorisation (non-exclusive licence) to use, record, modify, delete, add to, publicly perform, publicly display, reproduce and distribute Content, without territorial restriction. The authorization (license) includes the right to grant further authorizations (sublicenses) to the extent justified by the implementation of the Contract, as well as the User grants Helitrends a permission to exercise derivative author’s rights to develop, adapt, alter and translate the Content that states a work within the meaning of the Act of 4 February 1994 on copyright and related rights (Journal of Laws of 2021, item 1062).
The Contract and a respective Agreement are concluded under Polish law. The following does not exclude rights that are granted to a consumer which cannot be excluded.
The User has the right to terminate the Contract or a respective Agreement at any time by button "Delete Account" within Application.
In case of User, which is not a Consumer, Helitrends is entitled to terminate or amend the Regulations or a respective Agreement at any time without prior notice.
In case of the Regulations or a respective Agreement concluded with a Consumer, Helitrends is entitled to terminate the Regulations or a respective Agreement with a 14-day notice period or to amend the Regulations or a respective Agreement for the following important reasons:

if it is necessary to adapt its content to the changing provisions of generally applicable law;
in connection with the implementation by new functionalities and Services or changes in existing functionalities or Services.

In the case of the Regulations or a respective Agreement concluded with a Consumer, the amendment comes into force after 14 days from the date of informing Consumer about the change. If the Consumer does not consent to be bound by the amended Regulations or a respective Agreement, Consumer will be able to terminate the Regulations or a respective Agreement with immediate effect until the amended Regulations or a respective Agreement enter into force.
In the event of termination of the Regulations or a respective Agreement, the Service Provider shall not be obliged to refund any fees paid by the User, unless generally applicable law or the provisions of the Regulations provide otherwise.
If any provisions of the Regulations or a respective Agreement prove to be invalid or ineffective, that will not affect the validity of the remaining provisions of the Regulations or a respective Agreement. Invalid or ineffective provisions will be replaced by such valid provisions which reflect the economic value, intention of the Parties and objective of the invalid or ineffective provisions to the highest extent.
The Regulations shall come into force on 28.09.2022. The content of the Regulations is made available free of charge within the Application.

Download Page