Terms of service
Effective Date: 14 June 2025
Last Updated: 14 June 2025
1. Acceptance of the Terms
By creating an account, clicking “I agree,” or using Ferndesk in any manner, you (the legal entity you represent) accept these Terms of Service (the “Terms”). If you do not agree, do not use the Service.
2. The Service
Ferndesk provides a cloud‑based help‑center platform, related APIs, analytics, AI‑powered knowledge tools, integrations, support, and documentation (collectively, the “Service”). We may modify the Service at any time, provided such modifications do not materially reduce core functionality.
3. Account & Eligibility
You must be at least 18 years old and legally able to enter contracts. You are responsible for all activity under your account and for maintaining the confidentiality of your credentials.
4. Subscriptions & Fees
The Service is offered on a subscription basis. You authorize Ferndesk (or its payment processor) to charge the fees, taxes, and overage charges specified on your order or plan page. All fees are non‑refundable except as required by law. Unpaid amounts may result in suspension or termination.
5. Permitted Use & Restrictions
You may use the Service solely to build, host, and manage your organization’s public or private help center content. You must not:
violate any applicable law;
reverse‑engineer or decompile the Service;
resell or offer the Service to third parties without a written reseller agreement;
upload malicious code or infringe any intellectual‑property or privacy right.
6. Customer Content & Data
6.1 Ownership
You retain all rights to text, files, media, data, and other content you or your end‑users submit to the Service (“Customer Content”).
6.2 License to Ferndesk
You grant Ferndesk a worldwide, royalty‑free license to host, store, copy, process, transmit, display, and back‑up Customer Content solely to provide and improve the Service.
6.3 Data Security & Privacy
Ferndesk implements reasonable administrative, physical, and technical safeguards to protect Customer Content. Our Privacy Policy explains how we collect and use personal data. You are responsible for obtaining any required consents from end‑users.
6.4 Compliance
You represent that your processing of Customer Content complies with all laws (including GDPR/CCPA) and does not contain illegal or infringing material.
7. Ferndesk Intellectual Property
All software, design, and other technology underlying the Service (collectively, “Ferndesk IP”) are owned by Ferndesk and its licensors. No rights are granted except as expressly set out in these Terms.
8. Confidentiality
Each party may receive non‑public information (“Confidential Information”) from the other. The receiving party will use reasonable care to protect Confidential Information and will use it only to fulfil these Terms.
9. Beta, AI & Analytics Features
Certain features may be labeled alpha, beta, or preview. They are offered as‑is, may be discontinued at any time, and may produce erroneous or incomplete outputs. You assume all risk in using these features.
10. Third‑Party Services
The Service may interoperate with third‑party tools (e.g., Zendesk, Gmail). Ferndesk is not responsible for third‑party services or any data exchange between you and such services.
11. Term & Termination
These Terms remain in effect until your subscription ends or either party terminates for material breach upon 30 days’ written notice (10 days for non‑payment). Upon termination, access ceases and Ferndesk will delete or return your Customer Content within 30 days, unless legally required to retain it.
12. Warranty Disclaimer
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” FERNDESK DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR‑FREE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FERNDESK’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES PAID BY YOU TO FERNDESK IN THE 12 MONTHS BEFORE THE CLAIM OR USD 100, WHICHEVER IS GREATER. FERNDESK WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS.
14. Indemnification
You will indemnify and hold Ferndesk and its affiliates harmless from any claim arising out of (a) Customer Content, (b) your use of the Service in violation of these Terms, or (c) your breach of applicable law.
15. Changes to the Service or Terms
We may update these Terms by posting a revised version and giving at least 30 days’ notice via the Service or email. Continued use after the effective date constitutes acceptance.
16. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Delaware, USA, excluding conflict‑of‑law rules. Any dispute will be resolved by binding arbitration administered by the American Arbitration Association in English, in Wilmington, Delaware.
17. Export & Sanctions Compliance
You may not use the Service in violation of any export or sanctions laws, including U.S. Export Administration Regulations and OFAC sanctions.
18. Miscellaneous
These Terms constitute the entire agreement between the parties. Neither party may assign these Terms without the other’s consent, except that Ferndesk may assign to a successor in connection with a merger, acquisition, or sale of substantially all assets. If any provision is held unenforceable, the remaining provisions will remain in effect. Failure to enforce any provision is not a waiver.
19. Contact
Work Paragon LLC. 1111b South Governors Ave STE 34230 Dover, DE, 19904 US
hey@ferndesk.com
By using Ferndesk you acknowledge that you have read, understood, and agree to these Terms of Service.