Please read these terms of service carefully as they form a contract between You and the SaaS Provider
By accessing or using the service(s) or websites, or authorizing or permitting any User or End-User to access or use the Service(s) or Websites, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity ”), You are agreeing to these Terms for that Entity and representing to Us that You have the authority to bind such Entity and its Affiliates to these Terms, in which case the terms, “You”, “Your” or related capitalized terms used herein shall refer to such Entity and its Affiliates. You also acknowledge that any calls / SMS solicited as part of using this site or our services will be facilitated through a third-party platform / service provider. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not access or use the Service(s) or Websites.
Software as a service to the customer, incorporating these terms and conditions (including the Schedules and Addendums) and the Statement of Services, and any amendments to the agreement from time to time;
Springworks to supply the Services in an efficient and timely manner;
Intellectual Property Rights;
We may use a third party service provider to manage credit card and other payment processing; provided that such service provider is not permitted to store, retain or use Your payment account information except to process Your credit card and other payment information for Us. You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by emailing Us at firstname.lastname@example.org
for the remainder of the Subscription Term if You terminate Your Account as a result of a material breach of these Terms by Us.
Property Rights”) shall belong to and remain exclusively with Us. We are the owner or the
licensee of all Intellectual Property Rights in Our Websites, and the content or material published on it. Those works are protected by copyright laws and treaties around the world. You must not use any part of the content on Our Websites for commercial purposes without obtaining a license to do so from Us or Our licensors. Further, We claim no intellectual property rights over the content You upload or provide to us for the purpose of availing services under this agreement.
entered into between the Parties to this agreement, which may be entered prior to these Terms that would purport to address the confidentiality of customer’s Data and such agreement shall have no further force or effect with respect to customer’s Confidential Data.
not apply to any material or information that is provided as an exception under the definition of Confidential Information.
AFFILIATES WARRANTS OR REPRESENTS THAT THE SERVICES PROVIDED UNDER THIS
AGREEMENT WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT
COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACY, DATA, CONFIDENTIAL INFORMATION, AND PROPERTY.
NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN
PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT ON OUR WEBSITES. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR THROUGH THE SERVICES OR WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
OF ACTION AND WHETHER IN TORT, CONTRACT OR OTHER FORM OF LIABILITY, SHALL IN NO
EVENT EXCEED THE FEES PAID BY THE CUSTOMER DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL Springworks BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA, LOST
PROFITS, OPPORTUNITIES OR CONTRIBUTIONS, LOSS OF USE, GOOD WILL, BUSINESS INTERRUPTION, COST OF COVER, OR OTHER PECUNIARY OR NON-PECUNIARY LOSS, HOWEVER ARISING, EVEN IF SPRINGWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUBSCRIPTION CHARGES PAID BY THE CLIENT, FOR THE SERVICES TO WHICH THE CLAIM RELATES, PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
Springworks; or iii. customer uses the services other than in accordance with these Terms and Conditions or any documentation delivered by Springworks. This clause incorporates Springworks’s entire liability and Client’s sole and exclusive remedy for claims relating to infringement.
In such cases, all associated service data shall be deleted immediately and permanently.
All the notices or other communications referenced under the terms and Conditions of this agreement shall be made in writing and sent to Springworks’s address available at 1447 2nd Street, Santa Monica, California, CA 90401 or through electronic mail at email@example.com , whatsoever the case may be. All notices shall be deemed given to the other party if delivered receipt confirmed using one of the following methods, whichever is available or most commercially viable with the sender: electronic mail, registered or certified first class mail, postage prepaid; recognized courier delivery.
Apart from the communications specified under this agreement, Springworks may contact the customer directly via e-mail to notify if :
Neither Party to this agreement shall be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (Force Majeure) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website (including failures of internet or any public telecommunications network, hacker attacks, virus or other malicious software attacks, power failure) and, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control.
If at any time during the term of this agreement the performance in whole or in part by any one of the Parties, of any obligation under this agreement is prevented or delayed by reasons mentioned above the other Party shall not be entitled to terminate this agreement neither shall any Party have any claim for damages against the other in respect of such non-performance or delay in performance, provided notice of the happening of any such event/s is given by the affected Party to the other within thirty (30) days from the date of occurrence thereof.
This agreement including all annexures, attachments, addendums and schedules to this agreement constitute the entire agreement pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the Parties.
The customer may not assign any right and obligations under these Terms and Conditions or otherwise transfer any license created hereunder whether by operation of law, change of control, or in any other manner, without the prior written consent of the Service provider. Any purported assignment of these Terms and Conditions, or any license or rights in violation of this Section will be deemed void. The Service provider may assign, in whole or in part, its rights, interests, and obligations hereunder without limitation.
Any services provided to the customer under this agreement, through Springworks’s affiliates/ vendors/ representatives/ contractors shall not constitute assignment for the purposes of this clause.
If any provision in these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by Applicable Law, and the remaining provisions of these Terms and Conditions shall remain in effect.
No waiver by either Party of any of their terms hereof or of any breach thereof shall constitute or be deemed to be a waiver of any such terms or of any breach in any other case whether prior or subsequent thereto.
Springworks may amend these Terms and Conditions from time to time, in which case the new Terms and Conditions will supersede prior versions. The customer is required to check these Terms and Conditions from time to time to take notice of any changes made hereunder, as the same shall be binding upon the customer. Springworks will notify the customer not less than seven (7) days prior to the effective date of any amendments to these Terms and Conditions and the customer’s continued use of the Service(s) following the effective date of any such amendment may be relied upon by Springworks as customer’s acceptance of any such amendment. Springworks’s failure to enforce at any time any provision of these Terms and Conditions, does not constitute a waiver of that provision or of any other provision of the Terms and Conditions.
This agreement shall be construed according to the laws of the State of California, and any dispute or claim arising under this agreement shall be subject to the exclusive jurisdiction of the Federal and State Courts of the State of California.
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or validity thereof, shall be first settled by arbitration in accordance with the Rules for Arbitration to the jurisdiction of the State of California. Any decision in arbitration shall be final and binding upon the parties. Notwithstanding the above, Springworks may sue in any court for infringement of its proprietary or intellectual property rights.
The Supplemental Terms below may contain terms that are specific to one or more Service(s). For avoidance of doubt, in the event of a conflict or inconsistency between the rest of the Terms and these Supplemental Terms, these Supplemental Terms shall prevail.
You acknowledge that (i) when You install any of the Apps or enable integrations or (ii) where (a) a feature is modified or (b) a new feature is released within the Service(s), You may be shown additional terms governing their usage. Your continued usage of such Apps or integrations or such features may be relied upon by Us as Your acceptance of such additional terms.
If You use the phone service as part of Freshdesk and/or Freshsales and/or Freshcaller, You understand and agree that (a) unless You choose to turn off the recording feature, all calls made using the phone service are recorded; (b) the phone service is not intended to support or carry emergency calls to any emergency services such as public safety answering points, (c) We will not be held liable for any claim, damages or loss (and You hereby waive any and all such claims or causes of action), arising from or relating to Your (or Users or End-Users) inability to use the phone service to make such emergency calls, (d) You are solely responsible for Your operation of the phone service in compliance with all applicable laws in all jurisdictions governing use of the Service(s) by You, Your Affiliates, Users and End-Users, including but not limited to telephone recording and wiretapping laws, and (e) You will defend, hold harmless and indemnify Us from and against any third party claim arising from any of the foregoing. We may disable the phone numbers provided to You if (i) Your subscription to the Service(s), Account or rights to access and/or use the Service(s) are otherwise suspended, or terminated; and/or (ii) You violate these Terms. In the event that You wish to port-out Your phone number upon termination of Your subscription to the Service(s) or for any other reason, You agree to notify firstname.lastname@example.org. Upon receipt of such request, We shall use reasonable efforts to assist You in the port-out to the third-party service provider of Your choice. Use of this phone service is subject to the payment of additional fees and charges, including, without limitation, the phone call rates as detailed on the Websites. When enabling the phone service, You are consenting, on behalf of You and Your Users and End-Users to the Processing of Service Data (as generated by or necessary for the provision or operation of the phone service) by the third-party service provider We utilize to provide the phone service.
If You use Freshcaller, please note that upon a request for deletion of a contact, information such as name of the contact, call recordings of that contact and any notes pertaining to such call recordings shall be deleted. However, information such as logs containing actual numbers making and receiving the calls may be retained for audit, fraud and reporting purposes in accordance with applicable law.
If You use our Service(s), Freshdesk and Freshservice, and if You have raised a request for deletion of a User, please note that, for business continuity purposes, deleting the User does not delete business-specific organization-owned data created and contributed to by the User including without limitation, knowledgebase articles, notes, forum topics/comments, support calls, surveys, automation and dispatcher rules, canned responses, ticket templates, contacts, companies, tags, conversations in the tickets, etc. The deleted User’s Personal Data will then be anonymized within the Service.
If You use Freshchat and wish to raise a request for deletion of an Agent, please write to email@example.com. Please note that for the purpose of business continuity, the name of the deleted Agent will be retained within Your Freshchat Account.
You acknowledge and agree that You will access and use Freshteam only for Your internal business purposes and that You will not provide any third party with access to Freshteam through Your Account. You further agree that We will not be liable for any loss or corruption of Service Data, or for any costs or expenses associated with backing up or restoring any of Service Data or any claims, losses, expenses, costs or damages arising from such unauthorized use of Freshteam.
2.1 “Freshteam Data” means any data that is collected from Your Users and Candidates through Your Account in connection with Your use of Freshteam, including but not limited to the following:
2.2 If You are a Customer of Our Service, Freshteam, You may at any time delete data associated with a Candidate from within Freshteam. As a customer of Freshteam, You may delete a User’s data from Freshteam. Upon Your deletion of User’s data, Freshteam will retain information like business e-mail address, identification number, designation of such User (“Retained User Information”) in order to not break any old associations relating to such User within Your Account. Except Retained User Information, all the other data that you delete will be deleted from Freshteam. Retained User Information will be deleted in accordance with the Terms. If You wish to permanently delete a User’s Retained User Information, You can write to firstname.lastname@example.org.
We strongly recommend that You export all Service Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us:
Platforms are governed by their own terms and privacy policies and You agree that We have no control over these Third Party Platforms and that We are not responsible for your access or use of these Third Party Platforms, or for any loss or corruption of Service Data, or for any costs or expenses associated with backing up or restoring any of Service Data, or any claims, losses, expenses, costs or damages arising from such use of the Third Party Platforms.
Candidates: means any person or entity other than You or Your Users with whom You interact using Freshteam and who have submitted their resumes to You through Your Account with Freshteam.
Users: as defined in the Terms shall be deemed to also include Your employees;
Service Data: as defined in the Terms shall be deemed to include Freshteam Data.
Data Export. You acknowledge that Freshrelease does not have any feature to export Service Data upon termination of Your Freshrelease Account. If you wish to permanently delete Service Data upon termination of Your Freshrelease Account, You can write to email@example.com.
Deletion of Freshrelease Account. If you wish to permanently delete Your Freshrelease Account, You can write to firstname.lastname@example.org.
Need to mention no liability of gift cards issuesd by our vendor to customers’s employees
The terms below apply to the use of the Organisation feature. In case of a conflict between the terms below and the Terms, the terms below shall prevail.
1.For easy administration of Your Account(s), You acknowledge and agree that the security management of Your Account(s) across Service(s) hosted in the same region (“Associated Accounts”) may be grouped together under a common dashboard (“Organisation”). The Organisation’s dashboard is accessible only to the administrator of the Organisation as designated by you (“Organisation Admin”).
Account(s) within 15 days from the date of deletion from the Organisation;
Organisation at any time from within the Organisation settings. Deletion of an Organisation shall result in the deletion of all Associated Accounts within 15 days from the date of deletion of the Organisation. In any event, an Organisation will be deleted after 30 days from the date of effective termination of the last subsisting Account under that Organisation. The Service Data of an Account that is terminated shall be retained and deleted as specified in the Terms. Organisation Data will be deleted after 30 days from the effective deletion on an Organisation. Organisation Data shall mean the name, logo, address, security configuration and custom SSO of the Organisation.
I). FOR USE OF FRESHSUCCESS
J). FOR USE OF FRESHPING, FRESHSTATUS AND FRESHINBOX
Personal Data before deleting (or requesting the deletion of) such User. In the event a deleted User’s Personal Data remains in the Account, it will be anonymized within the Service.