1. Acceptance of these terms

This document (the “Terms”) constitutes the agreement between you and HelioFleet (“HelioFleet”, “we”, “us”) governing access to and use of the HelioFleet platform and the devices made available through it (together, the “Service”).

By submitting an access request, accepting an invitation to a tenant, signing in to the Service, subscribing, or otherwise interacting with the Service, you confirm that you have read these Terms and agree to be bound by them. Where you act on behalf of an organization, you represent and warrant that you have authority to bind that organization to this agreement.

A tenant administrator who accepts these Terms accepts them on behalf of the organization for which the tenant is provisioned and on behalf of every user invited to that tenant. The administrator is responsible for making the current version of the Terms available to such users, and the acts and omissions of those users in connection with the Service are deemed to be the acts and omissions of the tenant for the purposes of this agreement.

If you do not agree to these Terms, you must not use the Service.

2. What HelioFleet is

HelioFleet is an infrastructure service. We own, rack, power, connect, provision, and maintain physical mobile devices in our own facilities, and we lease remote access to those devices to customers on a subscription basis. Access is delivered through a web console: video from the device and your control input travel over a peer-to-peer WebRTC connection between the host machine on which the device is mounted and your browser.

No hardware is sold, shipped, delivered, or handed over to you. You never take physical possession of a device, and nothing in these Terms transfers title, ownership, a security interest, or any other proprietary right in any device to you. What you receive is a right of remote access, for the duration of your subscription and subject to these Terms.

HelioFleet acts strictly as a neutral infrastructure provider, in the same role as a cloud or data-centre provider. In particular, HelioFleet does not:

create, register, manage, warm, or operate accounts on any third-party platform on your behalf;
post, publish, or transmit content on your behalf;
hold, request, or use your credentials for any third-party service;
supply identities, personal data, SIM cards, telephone numbers, proxies, or residential connectivity, unless expressly agreed in writing;
provide marketing, growth, engagement, or automation services; or
supervise, review, or direct your business activities.

You retain full control over, and full responsibility for, everything done with the devices leased to you.

3. Device availability and substitution

Your subscription entitles you to a number of devices, not to any particular device. Unless expressly agreed in writing, HelioFleet does not guarantee the availability of a specific model, storage capacity, colour, operating-system version, carrier, region, or configuration, and does not guarantee that a device assigned to you will remain the same physical unit for the life of your subscription.

HelioFleet may at any time take a device out of service for maintenance, repair, replacement, hardware or operating-system updates, or investigation of a fault, and may substitute equivalent hardware. Where a device is withdrawn, HelioFleet will use reasonable efforts to assign replacement hardware promptly, and the state on the withdrawn device may not be preserved.

Device counts are limited by hardware that physically exists. Where the pool cannot cover a requested increase, checkout or upgrade will be refused until further hardware is available.

4. Eligibility, access, and accounts

To use the Service you must be of legal age to enter into a binding agreement in your jurisdiction and in any event at least eighteen (18) years of age, have legal capacity to contract, and, for business plans, act on behalf of a legally constituted entity. You must provide accurate and complete registration and billing information and keep it current.

The Service is not self-serve. Access begins with an access request, and HelioFleet may grant, refuse, or withdraw access at its discretion. Each customer organization is provisioned its own tenant, beginning with a single administrator account that may subsequently invite additional users.

You are responsible for safeguarding all login credentials, API keys, and session material issued by HelioFleet, and for all activity carried out using your accounts or within your tenant, which shall be deemed activity of the tenant. You shall notify HelioFleet promptly at [email protected] of any suspected unauthorized access, credential compromise, or other security incident affecting your tenant.

Identity verification. HelioFleet may at any time require verification of your identity, of the entity you represent, of beneficial ownership, or of your billing instrument, whether before or during the provision of the Service. You agree to provide accurate and complete information reasonably requested for compliance, risk-management, sanctions-screening, or legal purposes. Refusal or failure to complete verification may result in restriction, suspension, or termination of access without refund.

5. How you may use a leased device

A leased device is HelioFleet property mounted in HelioFleet infrastructure, shared over time with other customers. In addition to the acceptable-use rules in section 8, you shall not, and shall ensure that no user of your tenant shall:

jailbreak a device, bypass or disable operating-system security controls, or install system-level modifications;
remove, alter, or block the supervision identity, configuration profiles, management payloads, runner application, or any other provisioning software HelioFleet installs on the device;
set a device passcode, screen-time restriction, or other lock that HelioFleet cannot clear, or otherwise place a device in a state from which it cannot be recovered remotely;
enrol a device with a mobile-device-management service, or enable any device-level lock or claim of ownership (including Apple activation lock, “Find My”, or an equivalent) that survives the end of your lease or prevents the device from being erased and re-provisioned;
report a leased device as lost or stolen, or take any other action causing a device to be blocked by a manufacturer, carrier, or platform;
attempt to reach the host machine on which a device is mounted, its operating system, other devices in the facility, or any part of the HelioFleet infrastructure other than the documented console and API surfaces;
attempt to identify, contact, interfere with, or extract data belonging to any other customer of the Service; or
resell, sublicense, rent, share, or otherwise make access to a leased device available to any party outside your organization without HelioFleet’s prior written consent.

Where the Service allows you to install an application on a leased device, you represent that you hold all rights necessary to do so, that the application is validly signed for installation, and that its installation and use breach no law, no third-party right, and no term imposed by the operating-system vendor.

6. Device state, clearing, and data on devices

A leased device is not a storage service and offers no durability guarantee. The state of a device (installed applications, signed-in sessions, files, settings, and anything else on it) may be lost at any time as a result of re-provisioning, maintenance, hardware substitution, operating-system updates, fault recovery, or a factory reset. You are responsible for maintaining your own copies of anything you cannot afford to lose.

When a device leaves your tenant (on cancellation, non-payment, deletion of your tenant, a maintenance withdrawal, or at your request), it is erased and re-prepared before it is leased to anyone else. Once a device has been cleared, its previous contents cannot be recovered by you or by HelioFleet.

Before a device leaves your tenant you are responsible for signing out of and de-authorizing every account you signed in on it, and for removing any content you do not wish to be destroyed. HelioFleet is under no obligation to return, export, or preserve anything held on a device.

Where the content stored on or transmitted through a leased device triggers sector-specific regulatory obligations (including but not limited to obligations relating to regulated health information, payment-card data, or data concerning children), you are solely responsible for compliance with those obligations, and you shall not use the Service in connection with such content without first obtaining HelioFleet’s written agreement. The Service is not certified, audited, or held out as compliant with any specific regulatory regime, including HIPAA and PCI DSS.

Devices returned unusable. If a device is returned to HelioFleet in a state that prevents it from being erased, re-provisioned, or leased again (including activation lock, management enrolment, an unknown passcode, a carrier or manufacturer block, or physical or firmware damage caused by your use), you shall reimburse HelioFleet for the reasonable cost of remediation or, where the device cannot be recovered, for the replacement value of equivalent hardware.

7. Our access to leased devices

Devices leased to you remain in HelioFleet custody and under HelioFleet administration. HelioFleet personnel may access, control, capture the screen of, reprovision, erase, and physically handle a leased device where reasonably necessary to:

provision, configure, update, maintain, or repair the device or its host;
verify that hardware is functioning, before assignment and while assigned;
diagnose a fault reported by you or detected by our monitoring;
investigate a credible report of abuse or a breach of these Terms; or
comply with applicable law or a lawful request from a court, regulator, or law-enforcement authority.

As part of automated provisioning, HelioFleet captures screenshots of the device screen on the host machine in order to verify that each provisioning step succeeded. Such captures are retained for no more than twenty-four (24) hours and are deleted automatically thereafter.

HelioFleet does not proactively monitor your content, your communications, or your account activity, and operates as a technical infrastructure provider only. HelioFleet reserves the right to investigate and to act where legally required or where a credible abuse report is received, and such action shall not constitute a breach of these Terms.

8. Acceptable use

You shall not use the Service, and shall ensure that no user of your tenant uses the Service, to:

violate any applicable law, regulation, or court order, or infringe the rights of any third party;
commit fraud, deception, impersonation, phishing, social engineering, or any form of scam;
create, obtain, or operate accounts using stolen, fabricated, or unlawfully obtained identities or personal data;
carry out advertising fraud, engagement fraud, click fraud, or other automated abuse directed at third parties;
circumvent the security controls, rate limits, integrity systems, or platform protections of any third party;
distribute malware or other harmful code, or attempt to gain unauthorized access to any system;
probe, attack, scan, or reverse-engineer the Service, except to the extent specifically permitted by applicable law;
collect or process personal data unlawfully, or without a valid legal basis;
generate, host, distribute, or transact in content that is unlawful in the jurisdiction in which it is created or accessed; or
engage in any activity that causes harm to others or exposes HelioFleet to material legal or reputational risk.

Where HelioFleet has reasonable grounds to believe that this section has been or is being violated, HelioFleet may suspend or terminate access to the Service immediately, with or without prior notice, having regard to the severity of the suspected breach.

9. Child protection - zero tolerance

HelioFleet maintains an absolute zero-tolerance policy in respect of child sexual abuse material (“CSAM”) and of any exploitation of minors. You are strictly prohibited from using the Service to create, upload, store, access, transmit, or distribute any content involving the sexual exploitation of a minor; to facilitate the grooming, solicitation, or exploitation of a minor; to store or transmit links, references, or metadata associated with such material; or to engage in any activity that violates child-protection law.

Any violation of this section will result in immediate termination without notice and without refund, a permanent ban, reporting to the relevant law-enforcement authorities, and full cooperation with any resulting investigation.

10. Third-party platforms

You are solely responsible for compliance with the terms, policies, and technical rules of every third-party platform, marketplace, carrier, manufacturer, or operating-system vendor you interact with through a leased device, including without limitation Apple, Google, Meta, and TikTok. HelioFleet makes no representation that the use of remotely controlled devices, of automation, or of any particular workflow is permitted by any such third party.

HelioFleet is not responsible for, and shall have no liability in respect of, any restriction, rate limit, verification challenge, suspension, ban, deletion, or loss of an account, audience, listing, balance, or reputation imposed by a third party in connection with your use of the Service, however caused.

11. Export controls and sanctions

By using the Service you represent and warrant that: (a) you are not located in, organized under the laws of, or ordinarily resident in any country or territory that is the target of comprehensive sanctions imposed by the United States, the European Union, the United Kingdom, or the United Nations; (b) you are not, and you are not majority-owned or otherwise controlled by any person who is, listed on any restricted-party, denied-party, or sanctions list maintained by those authorities; and (c) you shall not use, export, re-export, transfer, or make the Service available in any manner that would cause HelioFleet to violate any applicable export-control, sanctions, or anti-bribery law.

You shall not access the Service, or permit any user of your tenant to access the Service, from a comprehensively sanctioned country or territory. HelioFleet may suspend or terminate access where it has reasonable grounds to believe that this section has been or is being breached.

12. Subscription, fulfilment, and billing

Use of the Service requires a paid subscription. No free trial is offered. Subscription fees are charged through HelioFleet’s third-party payment processor; the device count, price, and billing cadence displayed in the console at the time of checkout are authoritative. Fees are payable in advance for the upcoming billing period, are exclusive of any applicable taxes and duties for which you are responsible, and are non-refundable except to the extent a refund is required by applicable law.

Fulfilment. Devices are prepared and assigned to your tenant manually. HelioFleet aims to complete assignment within approximately twelve (12) hours of a successful payment, which is a target and not a commitment. During checkout, HelioFleet may reserve capacity against your pending payment for a short period; an abandoned checkout releases that reservation automatically. Where HelioFleet is unable to fulfil part of a paid entitlement within a reasonable period, HelioFleet may reduce the subscription and refund the unfulfilled portion.

Increasing your device count. An increase takes effect immediately, is charged on a prorated basis for the remainder of the current billing period, and is granted only once that charge has been collected. Where the charge is declined, your device count remains unchanged.

Decreasing your device count. The Service does not support a mid-term reduction. To reduce your device count, cancel your subscription and subscribe again at the lower count; devices released in the meantime return to the shared pool and are erased, and no refund is due for the unused part of a period already paid for.

Cancellation. You may cancel a paid subscription at any time through the billing portal in the console. Cancellation takes effect at the end of the billing period for which fees have already been paid.

Chargebacks. If you dispute a charge, you agree to contact [email protected] first. HelioFleet may contest a chargeback where the Service was delivered in accordance with these Terms, and may suspend a tenant while a dispute is outstanding.

13. Lapse, suspension, and the lease grace window

Where a subscription lapses (through cancellation, expiry, or failed payment), access to your leased devices is suspended: running sessions are ended and the devices are taken out of service. The devices nevertheless remain assigned to your tenant for a grace period of twenty-four (24) hours, together with their names, workspace membership, and configuration.

If your subscription is restored within that grace period, the same devices and their configuration are restored to you. If it is not, the devices are released to the shared pool, erased, and made available to other customers.

Once a device has been released, nothing in these Terms entitles you to the return of that particular device, to its previous state, or to a reservation of equivalent hardware. Where HelioFleet holds returned hardware for a customer who is expected to resubscribe, it does so as a discretionary accommodation and not as an obligation.

14. Availability, performance, and changes to the Service

The Service is provided on a commercially reasonable best-efforts basis. HelioFleet does not offer a contractual service-level agreement or any guaranteed level of availability, uptime, throughput, or response time under these Terms. The Service may be unavailable from time to time, including for scheduled maintenance, software deployments, capacity or infrastructure work, security responses, third-party provider incidents, hardware faults, and other events affecting the underlying hosting or network infrastructure.

Device video and control input are delivered between the host machine on which the device is mounted and your browser over a WebRTC peer-to-peer connection. HelioFleet’s role with respect to that stream is limited to the initial signaling exchange and, where NAT or firewall conditions prevent a direct peer-to-peer path, TURN relaying of already-encrypted traffic. In normal operation HelioFleet does not process or otherwise have access to device media.

Because the media path is peer-to-peer, the end-to-end latency, frame rate, jitter, and perceived responsiveness experienced by a user are functions principally of the geographic distance between the facility hosting the device and the user, the quality of the networks at each end, and intervening internet-service-provider routing. A user connecting from another continent will experience materially higher round-trip latency than a user connecting from the same region as the facility. HelioFleet makes no representation, warranty, or commitment as to any specific latency, frame rate, jitter, packet-loss rate, or perceived responsiveness, all of which are properties of the network path and not of the Service.

HelioFleet may add, modify, or remove features of the Service at any time. Where a change is reasonably expected to materially reduce functionality actively used by a tenant, HelioFleet will use reasonable efforts to notify tenant administrators in advance through the console, by email, or both.

HelioFleet may from time to time release functionality on a beta, preview, alpha, or experimental basis. Such functionality is identified as such where reasonably possible, is provided strictly “as is”, may be changed or withdrawn at any time, and may be transitioned to a paid tier without further notice. The warranty disclaimer and limitation of liability set out in these Terms apply to such functionality in full and without qualification.

15. Data we handle

In the course of operating the Service, HelioFleet stores:

tenant and user account records, including the identity records held by our identity provider;
workspace, device, and lease metadata, including device names, tags, and assignment history;
remote-control session records - who connected to which device, when the session started and ended, how long it lasted, and why it ended;
application binaries you upload for installation, retained only until the installation has been dispatched to the device;
operational telemetry from the host machines, including provisioning history, host diagnostic logs, and fault alerts;
console notifications and support correspondence; and
billing records, including the subscription state reported by our payment processor. HelioFleet does not receive or store your full card details.

Operational records are retained for limited periods, currently thirty (30) days for session records, host logs, provisioning history, and resolved alerts, and twenty-four (24) hours for the provisioning screenshots described in section 7, after which they are deleted automatically. Retention periods may be adjusted where operationally or legally necessary.

Device video and the associated control-input stream are exchanged peer-to-peer over WebRTC and are not recorded or persisted by HelioFleet. Where a direct peer-to-peer path cannot be established, the encrypted media stream may transit a TURN relay operated by HelioFleet or by a TURN provider configured for the Service. The relay forwards already-encrypted packets and does not provide HelioFleet, or any operator of the relay, with the ability to decrypt, inspect, or store the media that passes through it.

HelioFleet maintains reasonable technical and organizational measures intended to protect data stored as part of the Service. No method of network transmission or electronic storage is perfectly secure, and HelioFleet does not warrant absolute security.

16. Data protection and subprocessors

HelioFleet’s handling of personal data is described in the Privacy Policy at heliofleet.io/privacy, which forms part of these Terms.

Each party acts as an independent controller in respect of the personal data it determines the purposes and means of processing for. You are solely responsible for establishing a lawful basis for any personal data you introduce to, generate on, or transmit through a leased device, for providing any required notice to and obtaining any required consent from the individuals concerned, and for responding to their requests under applicable data-protection law.

Where HelioFleet processes personal data on your behalf in the course of providing the Service, HelioFleet acts as a data processor and you act as the data controller. Where applicable law (including the EU General Data Protection Regulation, the UK GDPR, and similar regimes) requires a written data-processing agreement between controller and processor, a Data Processing Addendum is available on request from [email protected] and, once countersigned, forms part of these Terms.

To deliver the Service, HelioFleet relies on a limited number of third-party subprocessors for functions including payment processing, identity and authentication, transactional email, hosting, object storage, and TURN relay. A current list of subprocessors is available on request. Where a change of subprocessor is material to the processing of personal data, HelioFleet will use reasonable efforts to notify tenant administrators in advance through the console or by email so that the tenant has an opportunity to object before the change takes effect.

17. Confidentiality

Each party shall keep confidential any non-public business, technical, commercial, or security information disclosed to it by the other party in connection with the Service, shall use it only for the purpose of performing or receiving the Service, and shall not disclose it to any third party except to personnel and advisers bound by equivalent obligations, or where disclosure is required by law. This obligation survives termination of this agreement.

18. Intellectual property

The platform, the console, the host and device software, the documentation, the APIs, the HelioFleet name and branding, and all related software and content published by HelioFleet are owned by HelioFleet and are protected by applicable intellectual-property laws. The devices themselves, and all hardware and infrastructure used to deliver the Service, remain the exclusive property of HelioFleet. You receive a limited, revocable, non-exclusive, non-transferable licence to use the Service for the duration of your subscription, and nothing in these Terms grants you any right, title, or interest in any HelioFleet trademark, service mark, logo, or other branding.

You retain all right, title, and interest in the content you transmit through the Service and in any data you upload, and grant HelioFleet only such rights as are necessary to operate the Service on your behalf.

If you provide suggestions, feedback, or other input concerning the Service, you grant HelioFleet a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use, modify, and incorporate such input for the purpose of improving the Service, without any obligation of attribution or compensation to you.

19. Suspension and termination

You may terminate your use of the Service at any time by cancelling your subscription as described in section 12.

HelioFleet may suspend or terminate access to the Service, in whole or in part and without liability, where you breach these Terms, where payment obligations are not met, where the infrastructure is misused, where a credible complaint or law-enforcement request is received, where your activity creates material legal or reputational risk, or where required by law.

Upon termination your right to use the Service ceases immediately, your leased devices are released and erased in accordance with sections 6 and 13, and data associated with the terminated tenant may be deleted after a reasonable retention period, except where retention is required by law. No refund is due in respect of a termination for breach.

20. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis. HelioFleet disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, uptime, and uninterrupted or error-free operation.

Without limiting the foregoing, HelioFleet gives no warranty that the Service will be suitable for any particular workflow, that a device will remain available or perform to any given standard, that use of the Service is compatible with the terms of any third-party platform, or that your use of the Service will achieve any business outcome. Use of the Service is at your sole risk.

21. Limitation of liability

To the maximum extent permitted by applicable law, HelioFleet shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, loss of revenue, loss of or corruption of data, loss of an account or of access to a third-party platform, regulatory fines, business interruption, or loss of goodwill, in each case arising out of or in connection with the Service, even if HelioFleet has been advised of the possibility of such damages.

HelioFleet’s aggregate liability for all claims arising out of or in connection with the Service or these Terms shall not exceed the greater of (a) the amounts actually paid by you to HelioFleet for the Service in the three (3) months immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars (US$100).

Nothing in these Terms excludes or limits either party’s liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, or for any other liability that cannot lawfully be excluded or limited.

22. Indemnification

You shall defend, indemnify, and hold harmless HelioFleet and its officers, employees, agents, and contractors from and against any claim, demand, loss, damage, liability, or expense (including reasonable legal fees) arising out of or in connection with: (a) any use of the Service by you, or by any person using credentials issued to your tenant, in violation of these Terms or applicable law; (b) the accounts, applications, data, or content you introduce to, install on, or transmit through a leased device; (c) any claim brought against HelioFleet by a third-party platform, regulator, or individual in consequence of your activities; or (d) any infringement by you of the rights of any third party.

23. Changes to these terms

HelioFleet may amend these Terms from time to time. Where an amendment is material, HelioFleet will notify tenant administrators in advance through the console, by email, or both. Continued use of the Service after the effective date of the amended Terms constitutes acceptance of the amended Terms. Your sole and exclusive remedy if you do not accept an amendment is to cease use of the Service.

24. General provisions

Entire agreement. These Terms, together with any policies or addenda expressly incorporated by reference (including any applicable Data Processing Addendum and the subscription details displayed in the console at checkout), constitute the entire agreement between you and HelioFleet with respect to the Service and supersede any prior or contemporaneous proposal, representation, or communication on the same subject.

Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall remain in full force and effect.

No waiver. A failure or delay by either party in exercising any right under these Terms shall not operate as a waiver of that right; a single or partial exercise of a right shall not preclude any further exercise of the same or any other right.

Assignment. You shall not assign or transfer these Terms, or any right or obligation under them, whether by operation of law or otherwise, without HelioFleet’s prior written consent. HelioFleet may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets, upon notice to you. Any assignment in breach of this paragraph is void.

Notices. HelioFleet may provide notice to you by email to the address on file for your tenant administrator or by posting in the console, either of which shall be deemed effective when sent. Notices to HelioFleet shall be sent to [email protected] and shall be effective upon receipt.

Force majeure. Neither party shall be liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including network or hosting-provider outages, denial-of-service attacks, acts of government, labor disturbances, natural events, or pandemic-related disruption.

Independent parties. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and HelioFleet. You operate independently and bear full responsibility for your own business.

25. Contact

Questions concerning these Terms should be directed to [email protected].

Terms and Conditions