Terms of Service

These Terms of Service are a contract between you and Brightwurks, Inc. By using the Help Scout Site and any services accessible from the Help Scout Site (the "Services"), you are agreeing to be bound by the following Terms of Service.

If a user violates any of the terms outlined below, we reserve the right to cancel accounts or bar access to accounts without notice. If you do not agree to these terms, please do not use our Services.

Your Account

  • You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  • You must be 13 years of age or older.
  • You must provide a valid email address, along with any other information required by Brightwurks during the registration process.
  • You are responsible for maintaining the security of your account and password. Brightwurks will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you shall be subject to our Privacy Policy.
  • One person or legal entity may not maintain more than one free account.
  • You may not use the Help Scout Site for any illegal or unauthorized purpose. You must not, in the use of the Help Scout Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading

A valid credit card is required for paying accounts unless the company pays for services annually, which allows payment via check or PayPal. 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 and all monthly payments are nonrefundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, 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 shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Help Scout Site and payments made by you herein.

Violation of these Terms of Service

Brightwurks reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Brightwurks may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Brightwurks has no obligation to prescreen or monitor your access to or use of the Help Scout Site or any information, materials or other content provided or made available through the Help Scout Site, but has the right to do so. You hereby agree that Brightwurks may, in the exercise of Brightwurks' sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

Cancellation

You are solely responsible for properly canceling your Account. An email or phone request to cancel your Account shall not result in cancellation. You can cancel your Account at any time from the "Your Plan" page. The account owner is the only user that has access to this page. On the page there is an account cancellation link. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Brightwurks once your account is cancelled. Please be aware that Brightwurks may for a time retain residual 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. Upon the commencement of a new service period, the Help Scout Site will terminate without additional notice, and you will not be charged for any subsequent service periods. You will not be provided any refunds for unused time on your service period.

Termination

Brightwurks 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. Brightwurks, in its sole discretion, has the right to suspend or terminate your Account if you breach these Terms of Service. Brightwurks may refuse to provide you any current or future use of the Help Scout Site, or any other Brightwurks service. Any termination of your Account will result in the deactivation or deletion of your Account, denied access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Brightwurks once your Account is terminated; however Brightwurks may for a time retain residual information in our backup and/or archival copies of our database.

Modifications to the Help Scout Site and Prices

Brightwurks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Help Scout Site (or any part thereof) with or without notice.

Prices of all Help Scout plans, including but not limited to monthly subscription plan fees to the Help Scout Site, are subject to change. If the price of your plan does change, your monthly fees will not.

Brightwurks shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Help Scout Site.

Brightwurks reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Help Scout Site, including the release of new tools and resources, shall be subject to the Terms of Service.

Copyright and Content Ownership

We claim no intellectual property rights over the content submitted or created exclusively in your Help Scout account. Any content that is yours remains yours.

These Terms do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Services to you.

The look and feel of the Help Scout Site is © 2010-2014 Brightwurks, Inc. all rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission.

Indemnification

You Agree To Indemnify And Hold Brightwurks, Inc. (dba 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 Service, Use Of Your Account By Any Third Party, The Violation Of The Terms Of Use By You, Or The Infringement By You, Or Any Third Party Using Your Account, Of Any Intellectual Property Or Other Right Of Any Person Or Entity.

Disclaimer

The Help Scout Site and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether expressed or implied. Brightwurks is a distributor and not a publisher of the content supplied by third parties; as such, Brightwurks 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 Site. Without limiting the foregoing, Brightwurks specifically disclaims all warranties and representations as the publisher of any content transmitted on or in connection with the Site or on Sites that may appear as links on the Site, or as the manufacturer of the products provided as a part of, or otherwise in connection with, the Site, 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 Brightwurks nor any of its affiliates, employees, officers, directors, agents, or the like shall create a warranty. Price and availability information is subject to change without notice.

Jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Brightwurks.