August 2, 2023
These Supplemental Terms (“Supplemental Terms”) apply to specific Services or aspects of Services as described herein and supplement and form a part of the Freshworks Terms of Service found at https://www.freshworks.com/terms/ unless Customer has a written Freshworks master services agreement executed between Customer and Freshworks Inc. for the Services, in which case these Supplemental Terms will supplement and form a part such written Freshworks master services agreement (in either case, the “Agreement”).
Notwithstanding anything to the contrary in the Agreement, Freshworks reserves the right, at its sole discretion, to update the Supplemental Terms in relation to the development of new or updates to existing features and functionality or Applicable Law. Customer’s continued usage of the Services may be relied upon by Freshworks as Customer’s acceptance of the then-current version of these Supplemental Terms.
Freshworks may offer certain Services as closed or open beta services (“Beta Services”) during the testing and evaluation period. Because Beta Services can be at various stages of development, operation and use of the Beta Services may be unpredictable. Customer acknowledges and agrees that: (1) Beta Services have not been fully tested; and (2) Customer’s use of Beta Services will be for purposes of evaluating and testing new functionality and providing Feedback to Freshworks. In addition, Freshworks has no obligation to Customer to (1) further develop or release the Beta Services or (2) provide support for the Beta Services. Customer bears the sole risk of using the Beta Services. Freshworks provides the Beta Services to Customer “as-is” and gives no representation, warranty, indemnity, or guarantee of any kind. To the maximum extent permitted by law, Freshworks’ total aggregate liability and that of its suppliers relating to Beta Services is expressly limited to five hundred dollars ($500) for any and all damages regardless of the nature of the claim or theory of liability. Customer agrees that Freshworks has the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. Freshworks reserves the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to Customer. Freshworks also reserves the right to make the Beta Services available for a Subscription Charge.
If Customer wishes to permanently delete Customer Data before the Data Export Period, contact firstname.lastname@example.org.
Short Message Services (“SMS”) and Multimedia Messaging Services (“MMS”) (together “Texting Services”) and Voice Communications
Certain Services facilitate the transmission and/or receipt of SMS, MMS, and voice communications (collectively, “Communication Services”). Customer acknowledges and agrees that Communication Services are provided by way of interfaces with services provided by Twilio Inc. or any of its affiliates (“Twilio”). Customer acknowledges and agrees that Customer’s use of Communication Services is, in addition to being subject to this Agreement, subject to certain terms and conditions imposed by Twilio relating to its provision of Communications Services and related functionalities, including, without limitation, those set forth at:
any restrictions on use described in Twilio’s documentation at https://support.twilio.com/hc/en-us (e.g., Forbidden message categories for SMS and MMS in the US and Canada);
any restrictions on use described in Twilio’s documentation at https://support.twilio.com/hc/en-us (e.g., Forbidden message categories for SMS and MMS in the US and Canada);
in each case as same may be updated from time to time (collectively, “Twilio Terms”).
Customer agrees to (i) comply with the Twilio Terms and any applicable law or regulation relating to the Communications Services including but not limited to telephone recording and wiretapping laws and laws and regulations related to telemarketing, robocalling, call spoofing, and spam, such as the Telephone Consumer Protection Act, Do Not Call Implementation Act, the Telemarketing Sales Rule, and CAN-SPAM Act and associated regulations, (ii) attain any necessary prior consent from any individuals or businesses with whom Customer communicates via the Communication Services, (iii) provide Freshworks with a validated street address as the registered place of use for each telephone number associated with the Communications Service, including any additional information such as suite, office number, building number or similar information necessary to adequately identify the location of the user (“Registered Location”), and to notify Freshworks in writing at least one week prior to changing such Registered Location, and (iv) indemnify, defend, and hold Freshworks and its Affiliates harmless from and against any costs related to third-party claims or regulatory actions arising from any of the foregoing or from any person’s use or attempted use of the Communications Services in accordance with the terms of Section 11 of the Freshworks Terms of Service. Customer further agrees that notwithstanding any other provision of the Terms of Service or these Supplemental Terms, Freshworks and its Affiliates have no liability for any (1) service unavailability or failure of the Communications Services or the efficacy of emergency communications except to provide a credit for any payments made by Customer for a period in which the Communications Services were not available solely due to the fault of Freshworks or its suppliers, or (2) for any damage, liabilities, losses, or any other consequences caused by Customer’s failure to maintain correct Registered Location information or to inform all potential users of the limitations of the Communications Services.
Customer agrees to cooperate with Freshworks and with requests Twilio makes of Freshworks to the extent reasonably necessary to ensure that the Communication Services are being deployed in accordance with applicable law and regulations. If Twilio reports to Freshworks that Customer is allegedly violating the Twilio Terms, Freshworks will provide notice to Customer to cease the offending activity. If Customer is unable to cease such activity, Freshworks may take actions to restrict the offending activity, including, without limitation removing access to the Communication Services. Customer acknowledges that as between Customer and Freshworks, Customer is the initiator and sender of any SMS or MMS message or call transmitted through the Communications Services, whether sent or made manually or by means of an automation.
Freshworks may disable phone numbers provided to Customer in connection with the Communication Services if such numbers are substantially underused for 60 days or if Customer’s subscription to the Communication Services is otherwise suspended, terminated, or cancelled.
Some jurisdictions may require that Customer have an address within such jurisdiction or provide additional information or documentation to purchase or use a phone number within the jurisdiction. If Customer requests a phone number in such a jurisdiction, Customer agrees to provide this information as reasonably requested by Freshworks and authorizes Freshworks to disclose the provided information to appropriate third parties. Customer acknowledges that such a phone number in such a jurisdiction may be taken out of service or not provisioned if Customer does not provide the requested information.
If and to the extent that (i) Communication Services are a number-based or number-independent interpersonal communications service under the European Electronic Communications Code (as established by Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018) (the “EECC”), (ii) Customer is a micro-enterprise, small enterprise, or not-for-profit organization and (iii) Freshworks provides Customer with Communication Services within the European Economic Area or the United Kingdom, Customers agrees to and does hereby waive any rights (to the extent applicable) that Customer may have under: (i) Article 102(1) of the EECC, which would allow Customer to receive certain pre-contractual information; (ii) Article 102(3) of the EECC, which would allow Customer to receive a contract summary; (iii) Article 102(5) of the EECC, which would allow Customer to monitor and control usage of interpersonal communications services; (iv) Article 105(1) of the EECC, which limits the maximum contract duration; (iv) Article 107(1) of the EECC, which extends other rights in the EECC to all services provided under the Agreement; and (v) Article 107(3) of the EECC, which relates to contract extensions.
Customer further agrees that:
a) when enabling the Communications Services, Customer is consenting, on behalf of Customer and its Users and End Users to the processing of Customer Data (as generated by or necessary for the provision or operation of the Communications Services) by a third-party service provider;
b) use of Communications Services is subject to the payment of additional Fees as detailed on the website;
c) unless Customer chooses to turn off the recording feature, all calls made using the Voice Services are recorded. Customer is responsible for obtaining consent from its Users and End Users for any voice recordings made using the Voice Services;
d) the Communications Services are not intended to be used for emergency texts or calls to any emergency services that are designed to be routed based upon the location of the origination of the communication or to supply the receiving party with such location information (including, but not limited to, 911 in North America, 112 in Europe, and 999 and 110 and other emergency calling codes where used) (“Emergency Communications”); and
e) upon Customer’s access to the Communications Services being suspended or terminated, the phone numbers will also be disabled.
Port-out: In the event that Customer wishes to port-out its phone number(s) upon termination of its subscription to the Voice Services Customer agrees to notify email@example.com to request assistance in the port-out to the third-party service provider of Customer’s choice.
The Communications Services require terminal equipment, electrical power, and Internet access to work. Customer is solely responsible for providing these necessary elements and arranging for any desired back-up power and access options.
Limitations on and of Use of Services for Emergency Communications
Customer expressly agrees that: (i) the Communications Services are not intended to be used for Emergency Communications; (ii) Customer has arranged for other effective and reliable methods for Emergency Communications to be available at all times to any persons who may have occasion to use the Communications Services; and (iii) Customer has trained all such users and posted conspicuous reminder notices that would be seen by all such potential users that alternatives to the Communications Services should be used for Emergency Communications and that any such use is subject to the potential limitations described in the paragraph below.
Notwithstanding the foregoing, if the Communications Services are used to try to call or text 911 or another Emergency Communications center, a communication may be initiated but these communications may differ from 911/E911 or other Emergency Communications functions furnished by traditional telephone service providers in at least the following ways: (1) Customer’s failure to provide correct registered location information or a user’s relocation of the equipment used to access the Service could result in a failure to complete or non-optimal routing of the emergency call to an incorrect emergency authority or public safety answering point, or a misunderstanding by the emergency authority of the user’s actual location; and (2) Emergency Communications will not be available if the Communications Service is unavailable for any reason, such as a lack of Internet access or electrical power.
If Customer uses the session replay feature, Customer acknowledges and agrees that it is Customer’s responsibility to obtain the necessary consents and authorizations required under applicable law in connection with the use of this feature. Learn more about Session Replay.
Certain Services contain integrations with third-party messaging platforms (such integrations, the “Messaging Integrations,” and such third-party messaging platforms (e.g., WhatsApp, Facebook Messenger, Line, Twitter, and Apple Business Chat, the “Non-Freshworks Messaging Platforms”). Customer hereby acknowledges that the Non-Freshworks Messaging Platforms are Third-Party Services as defined in the Agreement and agrees to comply with the terms of service that such Non-Freshworks Messaging Platforms use to govern the use of their platform(s) (the “Non-Freshworks Messaging Platform Terms”).
Freshworks may make Messaging Integrations to other Non-Freshworks Messaging Platforms available as described in the Documentation, and Customer shall comply with all applicable Non-Freshworks Messaging Platform Terms.
Customer acknowledges and agrees that (i) Freshworks does not operate the Non-Freshworks Messaging Platforms and does not guarantee the continued availability or performance of the Non-Freshworks Messaging Platforms or the continued interoperability of the Non-Freshworks Messaging Platforms with the Services and (ii) data transmitted via Messaging Integrations is Usage Data.
Customer represents and warrants that Customer has provided notice to and received all necessary consents from End Users to contact such End Users using the Messaging Integrations and/or the Non-Freshworks Messaging Platforms. Customer acknowledges that (i) Customer Data and Personal Data may be transferred to and processed by the Non-Freshworks Messaging Platforms as necessary to provide the Services and (ii) Customer is solely responsible for configuring the interoperability of the Services with Non-Freshworks Messaging Platforms to the extent any such actions are required outside of the Services.
Customer agrees not to use any Messaging Integrations that integrate with Non-Freshworks Messaging Platforms to (a) facilitate direct conversations between End-Users and healthcare providers; or (b) send or collect any patient data obtained from healthcare providers.
Customer acknowledges that the Non-Freshworks Messaging Platforms may charge Customer independently for access and use of their services or the Non-Freshworks Messaging Platforms may charge Freshworks for Customer’s use and access, in which case Freshworks may charge related fees to Customer (“Messaging Fees”).
WhatsApp Messaging: Customer acknowledges and agrees that Customer’s use of Services to access WhatsApp and its related services (i) is subject to the WhatsApp Business Solution Terms and the WhatsApp Business Terms of Service and any such additional terms and conditions as may be incorporated by reference therefrom, including, without limitation, the WhatsApp Business Policy, the WhatsApp Business Data Processing Terms, the WhatsApp Intellectual Property Policy, and the WhatsApp Brand Guidelines and (ii) obligates Customer to pay Freshworks Messaging Fees as set forth on WhatsApp’s website. Notwithstanding anything to the contrary in the Agreement, Customer acknowledges and agrees that Freshworks may invoice or charge Customer monthly in arrears (or with such other timing and frequency as might be reasonably necessitated by usage-based pricing) for WhatsApp-related Messaging Fees.
Customer acknowledges and agrees that Freshworks may utilize Customer Data submitted to the Services for the purposes of providing, maintaining, and improving the Freshworks Technology, including training artificial intelligence (“AI”) models and similar or related Services and features, and Customer instructs Freshworks to process its Customer Data for such purposes, provided however, Freshworks will not share Customer Data with any other customers in connection with the foregoing. In carrying out these purposes, Freshworks may combine data collected from different contexts (for example, from Customer’s use of two separate Services) to provide Customer a more seamless, consistent, and personalized experience, to make informed business decisions, and for other legitimate purposes. Customer retains all ownership of its Customer Data submitted to the Services and Freshworks retains all ownership in and to all system performance data, machine learning algorithms, and aggregated results of such machine learning. Learn more about AI-Powered Features.
Customer acknowledges and agrees that Customer’s use of Services that facilitate access to OpenAI products or OpenAI-related functionality is subject to certain terms and conditions imposed by Microsoft relating to its provision of OpenAI product access and related products and functionality, including, without limitation, those set forth at
Cognitive Services and Applied AI Services, Azure OpenAI Service Preview (Limited Access) (with “your agreement” referring to the Microsoft Online Subscription Agreement for the purposes thereof);
Code of conduct for Azure OpenAI Service; and any restrictions on use described in Microsoft’s related documentation, in each case as same may be updated from time to time (collectively the “Microsoft Terms”), and Customer consents to the processing of Personal Data as set forth in the Microsoft Terms. Learn more about Microsoft’s provision of the Azure OpenAI service.
Opt-out: Customers may request that Customer Data be excluded from AI-related processing by submitting such a request to firstname.lastname@example.org.
Customer is responsible for ensuring that its use of a Service to store or process credit card data complies with applicable Payment Card Industry Data Security Standards (“PCI DSS”) requirements and shall not store credit card data in a Service except in the designated, encrypted fields designed for such data, as set forth in the Documentation (“Special Fields”). During the Term, Freshworks shall maintain PCI DSS compliance for the Special Fields and is responsible for the security of the credit card data stored, transmitted, and processed in, to, and from the Special Fields, provided, in each case, that Customer’s use thereof is in accordance with the Documentation. Learn more about PCI-DSS Compliance.
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