Effective Date

October 1, 2020

The Supplemental Terms below may contain terms that are specific to one or more Service(s). For the avoidance of doubt, in the event of a conflict or inconsistency between the Terms of Service and/or Agreement and these Supplemental Terms, these Supplemental Terms shall prevail, but only with respect to such conflict or inconsistency. Customer’s continued usage of the Service(s) may be relied upon by Provider as Customer’s acceptance of such Supplemental Terms.

Beta Services: Provider may offer certain services on Our Website(s) as closed or open beta services ("Beta Services") during the testing and evaluation period. Customer agrees that Provider has the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. Customer will be under no obligation to acquire a subscription for a Subscription Charge to use any Service(s) as a result of Customer’s subscription to any Beta Service. Provider 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 a Customer. Provider also reserves the right to make the Beta Services available for a Subscription Charge.

Data Retention: Customer acknowledges and agrees that the Service Data will be retained (i) for a period of 14 days from termination of Customer’s Account (ii) where Customer does not use the custom mailbox and e-mail feature, if available within the Service(s), e-mails forming part of Service Data are automatically archived for a period of 3 months; and (iii) logs are archived for a period of thirty (30) days in the log management systems, post which logs are retired to a restricted archived cold storage for a period of eleven (11) months (each a “Data Retention Period”).

Data Export: Customer acknowledges that Service Data once deleted cannot be recovered. Customer may contact support@freshworks.com within the Data Retention Period to export Customer’s Service Data.

Deletion of User/Account: Provider reserves the right to delete Customer’s Account and all Service Data of Customer’s Account upon the expiry of the Data Retention Period.

Data Deletion: If Customer wishes to permanently delete its Service Data before the Data Retention period, contact support@freshworks.com.

If Customer becomes aware of any prohibited activities herein, Customer shall immediately: (a) notify Us of any such actual or threatened activity and disclose all relevant information to Provider; (b) take all reasonable and lawful measures within Customer’s reasonable controls that are necessary to stop the activity and (c) fully cooperate with Provider to mitigate its effects.

 

Freshdesk/Freshsales/Freshcaller/Freshworks CRM

Usage of phone service: If Customer has subscribed to and uses the phone service as part of Freshdesk or Freshsales or Freshcaller or Freshworks CRM, Customer agrees that:

a)             when enabling the phone service, Customer is consenting, on behalf of Customer and its 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 a third-party service provider to provide the phone service;

b)             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 Website;

c)              unless Customer chooses to turn off the recording feature, all calls made using the phone service are recorded. Customer is responsible for obtaining consent from its Users and End-Users for any voice recordings made using the phone service;

d)             the phone service is not intended to be used for emergency calls to any emergency services such as public safety answering points; and

e)             upon Customer’s access to the Service(s) being suspended or terminated, the phone numbers shall also be disabled.

Port-out: In the event that Customer wishes to port-out its phone number upon termination of its subscription to the Service(s) Customer agrees to notify support@freshworks.com to request for assistance in the port-out to the third-party service provider of Customer’s choice.

Compliance with applicable law: Customer is solely responsible for operation of the phone service in compliance with all applicable laws in all jurisdictions governing use of the Service(s) by Customer, its Affiliates, Users, and End-Users, including but not limited to telephone recording and wiretapping laws, and Customer will defend, hold harmless, and indemnify Provider from and against any third party claim arising from any of the foregoing.

 

Freshmarketer/Freshworks CRM

Sessions Replay: If Customer uses the sessions replay feature in Freshmarketer or Freshworks CRM, 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.