Freshdesk Freddy AI

"For Freshcaller users only: your calls will be recorded, subject to the consent of both parties to the call, and this recording will be used for product improvement, including to train our applications to better recognize human speech."

"a. Ownership Rights. Customer Data is Customer’s Confidential Information. Customer and its licensors retain all rights, title, and interest in and to the Customer Data and all of Customer’s Confidential Information provided under this Agreement, and Freshworks obtains no rights in the foregoing, except for the express rights granted in this Agreement. Freshworks and its licensors retain all rights, title, and interest in and to Freshworks Technology and Usage Data (as defined below). Customer acknowledges the Services are offered as online, hosted solutions, and Customer has no right to obtain a copy of the underlying computer code for any Services, except (if applicable) for any downloadable Software, in object code format. Freshworks may freely use and incorporate into Freshworks’ products and services any suggestions, enhancement requests, recommendations, corrections, or other feedback provided by Customer or by any Users or End Users relating to Freshworks’ products or services. Feedback and any other suggestions are provided by Customer exclusively “AS IS,” in Customer’s sole discretion, and will not be used by Freshworks in any way that identifies or permits identification of Customer, its Affiliates, Users, or End Users. Customer agrees its name, logo, and/or use case may be used by Freshworks in marketing materials (“ Promotional Materials ”). Promotional Materials may be for both internal and/or external purposes of Freshworks and such rights granted herein shall be worldwide, perpetual, and in any media. Customer may request that Freshworks stop the use of Promotional Materials of Customer by submitting an email to fw.insiders@freshworks.com at any time. It may take Freshworks up to thirty (30) days to process a request."

" For Freshcaller users only: your calls will be recorded, subject to the consent of both parties to the call, and this recording will be used for product improvement, including to train our applications to better recognize human speech. For Freshchat, Freshworks and Freshmarketer customers: you will have the option to opt out of analytics or tracking certain events from within these products. For FreshworksCRM users only: Your calls made using FreshworksCRM will be recorded, subject to the consent of both parties to the call, and this recording will be used for product improvement, including to train our applications to better recognize human speech. You will have the option to opt out of analytics or tracking certain events from within FreshworksCRM."

"b. Usage Data. Notwithstanding anything to the contrary in this Agreement, Freshworks may collect and use any data gathered in or derived from the use of the Services (“ Usage Data ”) to develop, improve, support, and operate its products and services. Freshworks shall not share any Usage Data with a third party that includes Customer’s Confidential Information, except: (i) in accordance with Section 8 (Confidentiality), or (ii) to the extent the Usage Data is aggregated and anonymized such that it no longer directly identifies Customer or its Users."

" In the UK, EU and Brazil we will rely on your consent when sending marketing communications. Otherwise, it is in our legitimate interest to use your Personal Data for marketing purposes, for example to decide what marketing content we think may appeal to you or for postal or email marketing (except where we are required by applicable law to obtain your consent)."

" Purpose: Service Analytics. We perform analytics on Personal Data that we process in order to: provide the Services, assess the needs of our Customer’s business to determine or suggest suitable Service(s); send Customers requested information about the Service(s) and improve the quality of this information; respond to customer service requests, questions and concerns and improve the quality of these responses; and for product improvement purposes. The data processed includes: Email addresses; mobile or landline telephone numbers; IP address; chat identifiers and chat content (including the contents of chatbot sessions); widgets. As set out above we are generally not a data controller of any Hosted Data – i.e. data which we process on behalf of our customers. However, some Hosted Data may be used as part of our analytics for the above purposes. "

" b. Renewal . Unless a party gives written notice of non-renewal or downgrade at least thirty (30) days prior to expiration of the relevant Subscription Term, Service Plans will automatically renew at the same number of Users and at the same Service Plan (including any add-ons), for a period equal to the previous Subscription Term."

" b. Late Payments . If undisputed Fees are more than thirty (30) days overdue, then, following written notification from Freshworks, Freshworks may suspend Customer’s access to the Freshworks Technology, including, without limitation, Customer’s Account, until such unpaid Fees are paid in full. "

" 4.1 The Websites may contain comments sections, discussion forums, or other interactive features (“ Interactive Areas ”) in which you may post or upload user-generated content, comments, video, photos, messages, and other materials (collectively, “ User Content ”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on the Websites. 4.2 By submitting any User Content or participating in an Interactive Area within or in connection with the Websites, you agree that you will not upload, post or otherwise transmit any User Content that violates the Acceptable Use Policy or is protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity, or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity, or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity, or other proprietary rights or any other harm resulting from such a submission. "

" c. Use Restrictions . Customer agrees not to use the Freshworks Technology: (i) to process data on behalf of any third party other than Customer’s Users and End Users; (ii) in violation of applicable laws; (iii) to store or transmit any content that infringes upon any third party’s intellectual property rights; (iv) for competitive intelligence or performance benchmarking purposes; (v) to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Freshworks Technology available to any third party other than Users and End Users, and then only in furtherance of its permitted business purposes as expressly permitted by this Agreement; (vi) to falsely imply any sponsorship or association with Freshworks; or (vii) to decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any portion of Freshworks Technology. Further, Customer shall not: (a) remove any product identification, proprietary, copyright trademark, service mark, or other notices contained in the Freshworks Technology, unless otherwise permitted by the Documentation, (b) attempt to bypass, disable, or circumvent any security, access control, or technical protection measures, nor, with respect to the Software, attempt to break out of any virtual machine, sandbox, or console environment or gain shell‑level or other unauthorized access by any means, or (c) modify any part of the Freshworks Technology, or create a derivative work of any part thereof, or incorporate the Freshworks Technology into or with other software, except to the extent expressly authorized in writing by Freshworks or as permitted by the Documentation."

"Any disclosures we provide will only cover the 12-month period preceding receipt of your request (and will not be made more than twice in a 12-month period)."

" c. Updates . Freshworks may modify the Services, Software, Mobile Apps, and Service Plans from time to time, including by adding or removing features, functions, and entitlements; provided, however, that: (i) Freshworks will not materially decrease the overall functionality of the Services, Software, Mobile Apps, and Service Plans during Customer’s Subscription Term, except where such modifications are required for data security reasons or to comply with applicable law, and (ii) any such modifications are made on a prospective and nondiscriminatory basis. Freshworks will provide reasonable notice of material updates to the Services, Software, Mobile Apps, and Service Plans by either in-product notification or e-mail. Customer agrees its purchase hereunder are neither contingent upon the delivery of any future functionality or features of the Services, Software, Mobile Apps, and/or Service Plans, nor dependent upon any oral or written comments made by Freshworks with respect thereto."

"Any person determined by Freshworks, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites. 4.3 You agree not to represent or suggest, directly or indirectly, the Freshwork’s endorsement of User Content. 4.4 Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Websites will not be permitted. We reserve the right, in our sole discretion, to remove or edit User Content submitted by you. 4.5 You acknowledge and agree that we are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Websites. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks. 4.6 We have the right, but not the obligation, to monitor User Content posted or uploaded to the Websites to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation, or authorized government request. "

"We determine the retention period for each of the categories of personal information listed above based on (1) the length of time we need to retain the information to achieve the business or commercial purpose for which it was obtained, (2) any legal or regulatory requirements applicable to such information, (3) internal operational needs, and (4) any need for the information based on any actual or anticipated investigation or litigation."

"Where we process any other Personal Data, we will generally retain relevant Personal Data for up to three years from the date of our last interaction with you (and in compliance with our data protection obligations). We may then destroy such files without further notice or liability."

"We will retain data from applications for a limited period for record keeping and legal (or, subject to local law, regulatory) purposes. We may (subject to the laws in your jurisdiction) also retain your data in order to contact you if a role arises for which we think you would be suitable."

"Freshworks and its Affiliates will not be liable for any damage or loss that may result from Customer’s breach of the foregoing obligations."

"and against all claims and expenses, including attorneys’ fees, arising out of the use of the Websites by you. Freshworks reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Freshworks with such cooperation as is reasonably requested by Freshworks"