FRESHWORKS DEVELOPER COMMUNITY TERMS OF USE
Effective Date: 10th January, 2022
Freshworks, Inc. ("Freshworks", "we", “our” and "us") hosts a Freshworks Developer Community currently located at http://community.developers.freshworks.com/ (“Developer Community”) for users to share information about Freshworks products and services (“Freshworks Products”) and development based on such Freshworks Products. While we may provide information and contribute to the discussions, much of the value comes through the contributions of individual users (“You” or “Your”) via posts of text, information, data, graphics, messages, sounds, video, content, images, code, edits to posts or any other materials you post / upload (collectively, “Posted Material”).
By accessing and using the Developer Community , you agree to these Freshworks Developer Community Terms of Use (“Developer Community Terms”), our Privacy Policy, Cookie Policy, and all other policies or notices posted by us through the Developer Community or referenced herein (collectively, these "Terms"). You agree to notify Freshworks of any facts or circumstances of which you become aware that would make representations in these Terms inaccurate in any respect. These Terms apply no matter how you access the Developer Community, whether on our website, via our mobile applications, or through any other means. If you are accessing or using the Developer Community on behalf of your company, you represent that you are authorized to accept these Terms on behalf of your company, and all references to "you" reference your company. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE DEVELOPER COMMUNITY.
For the avoidance of doubt, use and provisioning of Freshworks Products are subject to separate terms available here https://www.freshworks.com/terms, and these Developer Community Terms do not apply to use of or access to the Freshworks Products.
From time to time, we may revise and update these Terms at our sole discretion. Unless we specify otherwise, changes become effective upon our posting of the updated Terms, and the updated Terms will apply to all users of the Developer Community after they are posted. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. It is your responsibility to browse through the latest terms and if you do not agree with the then-current Terms, your sole and exclusive remedy is to cease further use of the Developer Community through the foregoing. The continued usage of the Developer Community will amount to deemed acceptance of the then-current Terms.
1. ACCOUNT
You are free to use the Developer Community, but only for the purposes that is envisaged in this Developer Community Terms. You may be required to provide certain registration details or other information to set up an account in order to access and post on the Developer Community. You hereby represent and warrant, that you are of the legal age of majority in the jurisdiction in which you reside and that all information you provide is correct, current, and complete. If you choose, or you are provided with, a username, password, or other information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree that you are solely responsible for your account and everything that happens on your account, including if someone accesses your account without your permission. You agree to immediately notify Freshworks of unauthorized use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You should log out from your account at the end of each session, especially when using a public computer. You have the right to delete your account and any Posted Material. You understand and agree that if you choose to exercise such a right, it will not apply retroactively. Freshworks has the absolute right to disable any username or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of these Terms.
2. CONDUCT ON THE DEVELOPER COMMUNITY AND PROHIBITED USE
You are solely responsible for your Posted Material on the Developer Community, including its legality, reliability, accuracy, and appropriateness. Freshworks is not responsible for (and has no liability with respect to) any Posted Material. You represent and warrant that all of your Posted Material do and will comply with these Terms, and you agree to defend, indemnify and hold Freshworks and its affiliates harmless for any breach of that representation and warranty. Opinions expressed in Posted Material are those of the party posting the Posted Material and do not necessarily reflect the opinion of Freshworks.
Code of Conduct:
You agree to comply with the following code of conduct in your use of the Developer Community:
a. Be polite and courteous. Respect and treat others as you would expect to be treated yourself.
b. Respect your audience. Any Posted Material should not upset, annoy, threaten, harass, abuse, or embarrass other users.
c. Posted Material shall not include material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
d. Lively and collegial discussions are always encouraged in a healthy community. It is okay to argue facts but not okay to argue personalities or personal beliefs.
e. Do not use text formats such as all caps or bold that may be read as annoying, rude, or send a strong message.
f. Avoid using abbreviations or terminology that others may not understand. An abbreviation may mean something to you but in another context or country, it may have another meaning.
g. In no event post on the Developer Community any confidential and sensitive information, including but not limited to, passwords, API credentials, or any other information that may allow other users to access any such systems.
h. Be accountable for your actions by correcting your mistakes and indicating where you have changed a previous Posted Material of yours.
As a user of the Developer Community, you agree to not access or use the Developer Community in any manner:
a. That violates any applicable federal, state, local, or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat, or violates export control laws.
b. That violates the rights of any person or entity that may give rise to civil or criminal liability under applicable laws or regulations applicable to you, another user, and/or Freshworks, including violation of privacy or publicity rights, infringement of any copyright, patent, trademark, trade secret or other intellectual property rights, or conflicts with these Terms.
c. To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
d. To monitor or attempt to gain unauthorized access to (a) an account or computer not belonging to you; (b) any data, information, or communications on any network or system not owned by you, without authorization; (c) any system or network user accounts or passwords of other users, without authorization; or (d) e‑mail addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, password robbery, spidering and harvesting).
e. That is false, deceptive, misleading, or fraudulent, including but not limited to: (a) any attempt to impersonate any person or entity, including any other user, Freshworks, or a Freshworks employee or representative; (b) to misrepresent your identity or affiliation with any person or organization; and (c) any attempt to give the impression that your Posted Material is from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.
f. To use, transmit or introduce through the Developer Community: (a) any “protected health information” as that term is defined in 45 C.F.R. 160.103; or (b) any non‑public sensitive or personally identifiable information including but not limited to drivers license numbers, passport numbers, social security numbers, tax identification numbers, voter registration numbers or similar identifying numbers, health information, or financial information including bank, checking, credit card, debit card, or other account numbers.
g. For the purposes of advertising, solicitation, or commercial activities of any kind without the express written consent of Freshworks, including, but not limited to: (a) promotions, contests, sweepstakes, barter, advertising, or pyramid schemes; and (b) the transmission of, or procurement of sending, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
h. To monitor or copy Posted Material on the Developer Community for any unauthorized purpose or access the Developer Community via any automatic device, process, or means of access such as a robot or spider.
i. That may have a detrimental effect on the Developer Community’s function, user interaction or security, including but not limited to: (a) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (b) attempting to intercept, redirect or otherwise interfere with communications intended for others; (c) disabling, damaging, overburdening or impairing the Developer Community or any server, computer or database connected to or accessed by the Developer Community; (d) modifying, blocking or otherwise interfering with the display of the Developer Community; (e) interfering with another user’s ability to access, use and enjoy the Developer Community; (f) accessing another user’s registration information or user account without that user’s express written permission; (g) transmitting or introducing any malicious or technologically harmful element to the Developer Community such as a spyware program, virus, trojan horse, worm or logic bomb; (h) performing, without Freshworks’ express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Developer Community; and (i) engaging in any activities that results in any server being the target of a denial of service attack.
3. ENFORCEMENT
a. The Developer Community supports sharing of Posted Material on various other platforms such as Facebook, Twitter, and LinkedIn, including but not limited to, email groups, discussion boards, and other forums (“Other Platforms”). You understand and agree that other users (or Freshworks) may share your Posted Material on Other Platforms. You may share other users’ Posted Material on Other Platforms, as long as you include a link to the Developer Community in your post.
b. We do not endorse any Posted Material or make any promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any Posted Material. You may find Posted Material on the Developer Community to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of the Developer Community, including your exposure to the Posted Material.
c. We reserve the right to terminate, archive, change, redact, and delete the Developer Community including any Posted Material, in whole or in part, or restrict access to all or part of the Developer Community to you, for any reason and in any manner in its sole discretion without notice. We will not be liable if, for any reason, all or any part of the Developer Community is unavailable at any time or for any period. You are solely responsible for making all arrangements necessary for you to access the Developer Community. We do not promise to store or make available on the Developer Community any Posted Material that you post, for any length of time. You are solely responsible for keeping back-ups of everything you post on the Developer Community.
d. Freshworks reserves the right to disclose your identity to any third party who claims that your Posted Material violates their rights, including their intellectual property rights or their right to privacy; and to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Developer Community;
e. Without limiting the foregoing, Freshworks has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone in relation to any Posted Material on the Developer Community. YOU WAIVE AND HOLD FRESHWORKS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FRESHWORKS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FRESHWORKS OR LAW ENFORCEMENT AUTHORITIES.
f. Freshworks can neither review all Posted Material before it is posted on the Developer Community nor ensure prompt removal of objectionable Posted Material after it has been posted and assumes no liability for any action or inaction regarding transmissions, communications, or content of any Posted Material provided by any user or third parties. We have no liability or responsibility to anyone for the performance or non - performance of the activities described in this paragraph.
4. INTELLECTUAL PROPERTY RIGHTS
a. The Developer Community contains proprietary information that is protected by applicable intellectual property and other laws and Freshworks retain all right, title and interest in and to the Developer Community and content that is included in the Developer Community (other than Posted Material of users). If you give feedback on the Developer Community, we have the right to use the feedback in any way. We reserve all rights in and to the Developer Community unless we expressly state otherwise. We will own any changes or updates (excluding Posted Material). In addition to the user restrictions as contained in these Terms, you may not copy, frameset, enclose or otherwise sell, distribute, transmit or broadcast any part of the Developer Community (including Posted Materials published by other users of the Developer Community, except as permitted in Section 3(a)).
b. All brand, product, and service images, logos, and names used in the Developer Community that identify Freshworks are the trademarks or service marks of Freshworks. Nothing in these Terms shall be deemed to confer on you or any person any license or right on the part of Freshworks with respect to any such image, logo, or name.
c. In relation to the Posted Material that you publish on the Developer Community, you grant us a worldwide, non-exclusive, perpetual, royalty-free, fully-paid, sub-licensable, and transferable license to use, copy, modify, reproduce, distribute, prepare derivative works of, and publicly display, distribute and use in connection with the use of the Developer Community and operation of our business (including without limitation for our marketing and publicity purposes). You also agree to sharing and use of your Posted Material by us and other users as set forth in these Terms. You understand that once your Posted Material is published on the Developer Community by you, it becomes public and can be seen by Freshworks and any users of the Developer Community, and we are not responsible for keeping it confidential.
d. You represent and warrant that (a) you are legally entitled to grant the above licenses and sublicenses as set forth herein; (b) if you are publishing any Posted Material as an individual, and if your employer(s) has rights to intellectual property that you create that includes your Posted Material, you represent that you have received permission to publish on behalf of that employer and that your employer has waived such rights for such submission of your Posted Material on the Developer Community to Freshworks; and (c) each of your Posted Material is your original creation;
e. DMCA: If you believe, in good faith, that Freshworks or a third party is violating your or any third party’s copyrights or trademarks, please follow the procedure specified in the Takedown Policy to notify Freshworks.
5. CONFIDENTIAL INFORMATION
Each party will protect the other’s Confidential Information from unauthorized use, access, or disclosure in the same manner as it protects its own Confidential Information of similar nature or importance, and in any event, using no less than reasonable care. Except as otherwise expressly permitted pursuant to these Developer Community Terms, the receiving party may use the disclosing party’s Confidential Information solely to exercise its respective rights and perform its respective obligations under these Developer Community Terms and will disclose such Confidential Information solely to those of its respective employees, representatives, and agents who have a need to know such Confidential Information for such purposes and who are bound by obligations to maintain the confidentiality of, and not misuse such Confidential Information. If the receiving party is required by law or court order to disclose Confidential Information of the disclosing party, then the receiving party will, to the extent legally permitted, provide the disclosing party with the advance written notification and cooperate in any effort to obtain confidential treatment of the Confidential Information. The receiving party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the receiving party, the disclosing party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law. You understand and agree that we may process personal data collected via the Developer Community in accordance with applicable data protection laws and these Terms.
6. TERMINATION.
We may terminate or suspend these Terms, Developer Community Terms, or your access to the Developer Community at any time, with or without cause, and with or without notice to you. Upon any suspension or termination of these Terms or Developer Community Terms, we may delete your account, passwords, and Posted Material and we may bar you from further use of the Developer Community. You understand that we may also continue to make your Posted Material available on the Developer Community, or elsewhere as permitted under these Terms, even if your use of the Developer Community is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, or access to the Developer Community. Except where an exclusive remedy is specified, the exercise of either party of any remedy under these Terms, including termination, will be without prejudice to any other remedies it may have under these Terms, by law or otherwise.
7. DISCLAIMER
FRESHWORKS AND ITS AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE DEVELOPER COMMUNITY OR ANY POSTED MATERIAL ON THE DEVELOPER COMMUNITY FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE DEVELOPER COMMUNITY IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FRESHWORKS DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE DEVELOPER COMMUNITY AND ALL POSTED MATERIAL, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE DEVELOPER COMMUNITY AND THE POSTED MATERIAL MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
Freshworks cannot and does not promise or warrant that any aspect of the Developer Community or Posted Material is free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Developer Community for any reconstruction of any lost data. FRESHWORKS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL‑OF‑SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DEVELOPER COMMUNITY OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
The Developer Community may hyperlink to and integrate offerings or services run by others. Freshworks does not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service. FRESHWORKS DISCLAIMS ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS AND THIRD-PARTY SITES THAT YOU USE.
FRESHWORKS OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS, OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN FRESHWORKS’ PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO FRESHWORKS. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO FRESHWORKS OR ANYONE AT FRESHWORKS. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT FRESHWORKS MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
8. INDEMNIFICATION
You will defend, indemnify, and hold harmless Freshworks and its affiliates from and against any claim by a third party arising from or related to (a) your use or attempted use of the Developer Community in violation of these Terms, (b) your violation of any law or rights of any third party, or (c) any Posted Material you publish on the Developer Community, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other rights.
9. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL FRESHWORKS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE DEVELOPER COMMUNITY, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF FRESHWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Freshworks’ total liability to you under these Terms for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of Fifty US Dollars (USD 50.00).
10. MISCELLANEOUS
a. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, Freshworks may assign these Terms in its entirety, but on written notice, without your consent to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section will be null and void.
b. Entire Agreement. These Terms constitute the entire agreement and supersede any and all prior agreements or communications between you and Freshworks regarding the subject matter hereof. In the event of a conflict between these Developer Community Terms, the Privacy Notice, the order of precedence will be, first, the Privacy Policy, second, these Developer Community Terms. If any provision in these Developer Community Terms is held by a court of competent jurisdiction to be unenforceable, such provision will be modified by the court and interpreted so as to best accomplish the original provision, and the remaining provisions of these Developer Community Terms will remain in effect. The terms of the United Nations Convention on Contracts for the Sale of Goods shall not apply to these Developer Community Terms. Any rule of construction that these Terms shall be construed against the drafting party, including without limitation, the doctrine commonly known as contra proferentem, shall not be applicable to these Terms.
c. Relationship of the Parties. The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship among the parties.
d. Survival. 3 (Enforcement), 4 (Intellectual Property), 5 (Confidentiality), 6 (Termination), 7 (Disclaimer), 8 (Indemnification), 9 (Limitation of Liability), and 10 (Miscellaneous) will survive any termination of these Terms. Termination of these Terms will not limit either party’s liability for obligations accrued as of or prior to such termination or for any breach of these Terms.
e. Notices. You agree that we may send communications regarding these Terms, including but not limited to notices about use, updates, or other communications pertaining to the foregoing. All other notices to be provided by one party to the other under these Terms may be delivered in writing by (i) nationally recognized overnight delivery service or US mail to the mailing address provided by you while registering your account on the Developer Community; or (ii) electronic mail to the email address provided for your Account. The address for a notice to Freshworks is: Freshworks Inc., 2950 S. Delaware Street, Suite 201, San Mateo, CA 94403 with a copy to legal@freshworks.com by electronic mail. In case of any technical issue, you can email us at marketplace@freshworks.com. All notices will be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or if earlier, five (5) business days after being deposited in the mail or with a courier as permitted above.
f. Anti-Corruption. Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with these Terms. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If you learn of any violation of the above restriction, you will use reasonable efforts to promptly notify us at legal@freshworks.com.
g. Force Majeure. Freshworks won’t be liable to you for any delay or failure to perform any obligation Freshworks has under these Terms if the delay or failure is due to events which are beyond Freshworks’ reasonable control, including but not limited to any strike, blockade, war, the act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.
h. Dispute Resolution; Arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, will be determined by arbitration in San Francisco, California. The arbitration will be administered by JAMS pursuant to its arbitration rules and procedures. Judgment on the award may be entered in any court having jurisdiction. This section will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
i. Governing Law; Jurisdiction. These Developer Community Terms are governed by the laws of the State of California without regard to conflict of laws principles. The parties hereby submit to the exclusive personal jurisdiction of the federal and state courts of the State of California, San Francisco County for any claims or dispute relating to these Terms.
j. Injunctive Relief; Enforcement. You acknowledge that the limitations and restrictions in these Terms are necessary and reasonable to protect Freshworks and its Affiliates. You expressly agree that monetary damages may not be a sufficient remedy for your breach of these Terms. Accordingly, you agree that Freshworks will be entitled to seek temporary or permanent injunctive relief against any violation or threatened violation of such limitations or restrictions in any court of competent jurisdiction.