Freshworks Supplemental Terms

Effective Date

May 20, 2022

For the prior version, please click here.

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.

Beta Services

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; (2) use or operation of Beta Services should not occur in a production environment; and (3) 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 a Customer.  Freshworks also reserves the right to make the Beta Services available for a Subscription Charge.

Data Export

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

Data Deletion

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

Voice Services

If Customer has subscribed to and uses Services that are voice services (“Voice Services”), Customer agrees that:

a)  when enabling the Voice 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 Voice Service) by a third-party service provider to provide the Voice Services;

b)  use of this Voices Services are 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 Voice Services are 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 Voice 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 support@freshworks.com to request assistance in the port-out to the third-party service provider of Customer’s choice.

Compliance with applicable law: Customer is solely responsible for the operation of the Voice Services in compliance with all applicable laws in all jurisdictions governing use of the Voice Services by Customer, its Affiliates, Users, and End Users, 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, and Customer will defend, hold harmless, and indemnify Freshworks from and against any third-party claim arising from any of the foregoing.

Session Replay

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.

Messaging Integrations

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.

AI-Powered Features

Customer acknowledges that Freshworks may utilize Customer Data submitted to the Services for the purpose of improving and training similar or related Services and features, and Customer instructs Freshworks to process its Customer Data for such purpose, provided however, Freshworks will not share Customer Data with any other customers in connection with the foregoing. 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.

Opt-out: Customers may request that Customer Data be excluded from AI-related processing by submitting such a request to support@freshworks.com.