Last revised and effective as of: June 28, 2015
These Terms of Service are a contract between you and Brightwurks, Inc. dba Help Scout (referred to in these Terms of Service as "Help Scout", "Brightwurks", "us", "we" or "our"), the provider of the Help Scout website and the services accessible from the Help Scout website (which are collectively referred to in these Terms of Service as the "Help Scout Service").
You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the Help Scout Service. In these Terms of Service, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.
A valid credit card is required for paying accounts unless your company pays for services annually, in which case payment via check or PayPal is acceptable. Free accounts are not required to provide a credit card number.
The Help Scout Service is billed in advance in accordance with our pricing schedule. If you are unhappy with the Help Scout Service for any reason and choose to downgrade or cancel, we will refund up to two months of charges to your account. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes. You agree to pay for any taxes that might be applicable to your use of the Help Scout Service or payments made by you in connection with your use of the Help Scout Service.
We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that Help Scout has no obligation to prescreen or monitor your access to or use of the Help Scout Service or any information, materials or other content provided or made available through the Help Scout Service, but has the right to do so. You hereby agree that Help Scout may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.
You are solely responsible for properly canceling your account. As a security precaution, an email or phone request to cancel or make changes to your account will not result in cancellation. You can cancel your account at any time from the "Your Plan" page. The Account Owner, and in some cases Administrators with permission, are the only Users with access to this page. Step-by-step instructions are available in this article.
Any cancellation of your account will result in the deactivation or deletion of your account, and the removal of all content in your account. This information can be restored by request of the Account Owner to Help Scout for a 14-day period. Cancelled accounts cannot be recovered or restored from Help Scout following this 14-day period. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Cancellations will take effect immediately. If you wish to continue using your account through the end of a billing cycle, please do not cancel until the billing cycle is completed.
Help Scout reserves the right to terminate any free accounts that do not have any activity (replies or logins) for sixty (60) days, or trial accounts without a payment method thirty (30) days after expiration.
Help Scout, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms of Service. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Help Scout Service (or any part thereof) with or without notice. However, we will make our very best efforts to notify customers of any upcoming system maintenance and/or service disruptions.
Prices of all Help Scout Service plans are subject to change. If Help Scout does for any reason have to remove the plan you are on or require an upgrade to a current plan, we will provide you with at least six (6) months notice via email.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Help Scout Service.
We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.
If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Help Scout Service. Your continued use of the Help Scout Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Help Scout Service, including the release of new tools and resources, will be subject to these Terms of Service.
We claim no ownership rights over the content submitted or created exclusively by you in your Help Scout Service account. Any content that is yours remains yours. These Terms of Service do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Help Scout Service to you.
The contents of the Help Scout Service are copyrighted under the United States copyright laws (© 2015 - Brightwurks, Inc. dba Help Scout). Help Scout, and the Help Scout logos, are trademarks of Brightwurks and may not be used without our express written permission. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission. You do not acquire any ownership rights by using the Help Scout Service. For more guidelines on using the name or logo, see this page.
In some cases, it is necessary for Help Scout employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Help Scout employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.
You agree to indemnify and hold Help Scout, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Help Scout Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.
The Help Scout Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Help Scout is a distributor and not a publisher of the content supplied by third parties; as such, Help Scout exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Help Scout Service. Without limiting the foregoing, Help Scout specifically disclaims all warranties and representations in any content transmitted on or in connection with the Help Scout Service or on sites that may appear as links on the Help Scout Service, or in the products provided as a part of, or otherwise in connection with, the Help Scout Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Help Scout or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Help Scout does not warrant that the Help Scout Service will be uninterrupted, uncorrupted, timely, or error-free.
Help Scout will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the Help Scout Service, whether or not Help Scout is advised of the possibility of such damages. You acknowledge and agree that Help Scout's maximum liability to you will not exceed the amount you have paid Help Scout in the ninety (90) days immediately preceding the date on which you first assert a claim.
To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Help Scout Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).
These Terms of Service and any controversy, claim or dispute arising under or related to these Terms of Service will be construed, pursued and resolved in accordance with and will be governed by the laws of Massachusetts, USA without regard to its conflicts of laws provisions. You irrevocably consent to the exclusive jurisdiction of the courts of Massachusetts and the federal courts situated in Massachusetts in connection with any action or dispute arising between the parties under or in connection with these Terms of Service.