Terms of Service
Last updated: August 2023
Thank you for choosing Herodesk and using our Products to support your customer service heroes. Because we will be doing business together, we need to have some terms and conditions to regulate how that will work.
When we say "Company", "we", "us", or "our" in this document, we are referring to Herodesk ApS (CVR: DK-44196972).
When we say "Services" or "Products" (in singular or plural), we are referring to our websites and the Herodesk products.
When we say "Customer", "you", or "your", we are referring to the user, people or company that owns an account with us and are using our Services. When we say "Account" or "Subscription", we are referring to the instance of the Herodesk product that you have subscribed to.
Our Product is designed to help you give better customer service to your customers, so when we say "your customers", we are referring to the people who you will be communicating with using our Product.
Multiple people from the same organisation can use our Product. So when we say "user" or "users", we are referring to you or anyone of your colleagues or co-workers who is registered as a user in your Herodesk account and has their own login.
These terms of service (also referred to as "Terms") will be updated from time to time. You will be able to track changes on our website. Changes will usually be minor updates to clarify certain terms or expressions. However, if substantial changes are made, the timestamp at the top will be updated, and we will take appropriate steps to notify our customers.
These terms constitute a legally binding agreement between you and us. By using our Services, you agree to be bound by the latest version of these terms. While we aim for long-lasting relationships with all our customers based on mutual trust and cooperation, violation of these terms may result in us terminating your account.
1.1. You must register an account with us as a legal business entity that you represent to use our services. A valid business name and email address is required to register an account with us.
1.2. When you register a new account with us, your e-mail address will automatically be subscribed to our product update email list, where important product and company updates will be sent out when we must. More frequent updates, the latest news from our company, commercial updates etc., will be shared via our regular newsletter, which you can subscribe to via our website.
1.3. You are responsible for securing your account with a strong password and ensuring that your users are doing the same. The Company cannot be held responsible or liable for any damages endured due to unsafe computing.
1.4. Every user is personal, which means that you are not allowed to share the same user with multiple people in your organization. Every person must have their own user to access your Herodesk account.
1.5. You are responsible for all activity and content that occurs in your account, including but not limited to activity by or content posted by you, your users or your customers.
1.6 You are responsible for complying with all relevant legislation applicable to your use of the Services and Products.
1.7. Herodesk reserves the right to terminate accounts registered in a business name that the Customer does not legally represent.
1.8. Herodesk reserves the right to suspend or terminate an account at any time and at our discretion without any notice, penalty or liability.
2.1. Our Services may not be used for any purpose other than those for which they are intended. However, we always appreciate feedback, so please share ideas for improvements or new features with us.
2.2. The following is a non-exhaustive list of restricted use, for which the Services may not be used. While it is a non-exhaustive list, it gives a clear indication of the spirit of use for which our Services is and is not intended.
Abusive language: We expect everyone to talk to each other in a respectful manner. Abusive language will not be tolerated.
Harassment or hate speech: You may not use our Services to harass anyone or promote hate speech.
Violence, or threats thereof as defined by Danish law, is not tolerated.
Child exploitation, sexualization, or abuse: Activities that create, disseminate, or otherwise cause child abuse are not tolerated in any way.
Spam: Use our Services to have meaningful conversations with your customers, not to send unwanted messages to someone who doesn’t want them.
Phishing: Don’t use our Services to try to lurk information out of someone who doesn’t want to give them to you. This includes lying to other people and giving information you know is false, misleading or inaccurate.
Malware, spyware: While it can often be helpful to share files with your customers using our product, don’t distribute malware, spyware or anything else intended to harm anyone.
Infringement of intellectual rights: You can’t use our Services in a way that infringes the intellectual rights of others.
Protect personal data: When using our Services, you may receive personal information from your customers, including information like their names, email addresses and postal addresses. This information is provided for a specific purpose. Don’t use it for other purposes, and keep the data safe and protected.
Any other illegal activity under Danish law.
2.3. Subject to these Terms and by payment of the applicable fees, Herodesk grants you a non-exclusive, non-transferable, time-limited, revocable license to use the Services for your internal business purposes only.
2.4. You shall not sublicense, resell, distribute, reproduce, modify, reverse engineer, or create derivative works of the Services. Don’t bypass any measures we’ve put in place to secure the Services, and generally, don’t try to interfere with the proper workings of the Services.
2.5 Don’t take any action that imposes an unreasonable load on our infrastructure or on our third-party providers. (We reserve the right to determine what’s reasonable.)
2.6. Any use of our Services that does not comply with the Terms is considered a breach of our Terms and will result in an immediate termination of the account. We reserve the right to seek other remedies applicable by law. Any usage of our Services that does not comply with Danish law will be reported to the authorities.
Payments and Subscriptions
3.1. We offer a free version of Herodesk, and it is indeed free of charge. We will not ask for your credit card details, and you can keep using it for as long as you want.
3.2. If you are on a free trial of one of our paid Services ("Free Trial"), we will clearly explain when the Free Trial expires. After that, you must pay the applicable fees to continue to use our paid Services. Failure to do so will result in your account being suspended and later deleted (see our Cancellation terms for specifics).
3.3. You agree to pay the fees associated with your selected subscription plan on a pre-paid monthly or annual basis, as applicable. Refunds are handled according to our refund policy.
3.4. If you upgrade your subscription, we will charge you the intermediate price for the remainder of your billing period. Upon the next renewal, you will pay the full new price.
3.5. If you downgrade your subscription, the new price will be applied upon the next renewal. Intermediate differences will not be refunded, but you will be able to upgrade back to the previous level without any costs for the remaining billing period.
3.6. All payments must be made using a credit card. Credit cards are stored with a secure and PCI-compliant payment processor for future automatic payments.
3.7. Your subscription will be renewed and paid using your credit card automatically unless cancelled in accordance with our cancellation terms.
3.8. If our prices or fees ever change, we will announce the changes with reasonable notice, though never less than 30 days. By continuing your use of the Services after receiving a notice, you accept the adjusted fees and prices.
4.1. Our refund policies are based on fairness and in the spirit of playing fair. While we do not refund pre-paid subscriptions, the following circumstances will allow for a refund:
You meant to cancel your account but forgot, so your subscription just got renewed, and you don’t intend to use the Services in the renewal period. We will grant you a full refund of the payment.
You forgot to cancel your account some months ago and haven’t used it since. We’ll grant you a refund for the remaining billing period.
If we have had extended downtime where our Services have been unavailable (meaning multiple hours in a day or multiple days in a month), we will grant you a partial refund based on a case-by-case evaluation and dialogue.
If you contact our customer service and it takes us multiple days to reply, we will grant you a partial refund based on a case-by-case evaluation.
Cancellation and Termination
5.1. It is the sole responsibility of the Customer to cancel their subscription if they wish so. Cancellation can only be done via the Service’s control panel. Cancellation requests sent to Herodesk in any other way are not valid and will not be considered as a cancellation.
5.2. If you fail to complete the payment for a renewal, your account will be suspended 7 days after the payment date. If the payment has still not been made, your account will be automatically cancelled and processed accordingly to 5.3.
5.3. When an account is cancelled, it will continue to operate until the end of the current billing period. Cancelled accounts are not automatically renewed. When the current billing period ends, a cancelled account will also be suspended and become inaccessible. The account will remain suspended for 30 days, during which time it can be re-activated by paying for a renewal. After 30 days, the account and all data associated with it will be irreversibly deleted. We may retain certain information as required by law or as necessary for our legitimate business purposes.
5.4. Herodesk reserves the right to immediately suspend or terminate an account without notice if its usage is not in accordance with our Terms or if the Customer breaches our Terms.
5.5. Any abuse, be it verbal, physical, written or threats thereof, of a Company employee or officer will result in immediate termination of the Customers’ account.
5.6 All provisions of these Terms shall survive termination of an account, including our license to Customer Data (see section 7 below).
Availability, Security and Privacy
6.1. The usage of our Service is at your sole discretion and risk. Our Services are provided on an "as is" and "as available" basis without any guarantees or warranties expressed or implied.
6.2. The Company warrants that the Services will perform substantially in accordance with these Terms. In the event of a material defect, the Company's sole obligation is to use commercially reasonable efforts to correct such defect. No other legal remedy shall be applicable.
6.3. The Company’s Products and Services are being developed and improved constantly. While we will do our best to avoid bugs in our Services, there is no such thing as bug-free software. We use automated and manual testing, log and performance monitoring and a number of other tools to prevent updates containing bugs and, if they do, to identify and solve them as quickly as possible, if they occur.
6.4. While we do not offer service level agreements, we take the availability of our Services very seriously. Our status page on https://status.herodesk.io is always updated and shows the current availability status and planned upcoming maintenance work that may affect the availability of our Services.
6.5. We reserve the right to temporarily suspend an account if its API usage affects the general availability or stability of our Services. In that case, we will, of course, contact the Customer to solve the problem.
6.7. Herodesk will never sell, share or re-distribute any information or data for other commercial purposes without your explicit permission. For the avoidance of doubt, we refer to our right of license in accordance with clause 7.2 below.
7.1. Company's Rights: All intellectual property pertaining to the Company and the Services, including all intellectual property rights therein, remain the exclusive property of the Company. Nothing in these Terms shall transfer any ownership rights to you.
7.2. Customer Data: You retain all rights to the data you input into the Services ("Customer Data"). By using the Services, you grant the Company a worldwide, non-exclusive, indefinite and unlimited license to use, process, and store your Customer Data solely for the purpose of providing and marketing the Services and new or related Products.
Limitation of Liability and Indemnification
8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO RELEASE, DEFEND (AT COMPANY’S OPTION), INDEMNIFY, AND HOLD THE COMPANY AND ITS EMPLOYEES AND DIRECTORS HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) YOUR BREACH OF THESE TERMS, (II) YOUR IMPROPER USE OF THE SERVICES, (III) YOUR INTERACTION WITH THIRD-PARTIES THROUGH THE SERVICES, OR (IV) YOUR BREACH OF ANY LAWS, REGULATIONS OR THIRD PARTY RIGHTS SUCH AS INTELLECTUAL PROPERTY OR PRIVACY RIGHTS.
8.2 THE COMPANY SHALL NOT BE LIABLE FOR LOSS OF ACCESS TO THE SERVICES, INCLUDING LOSS OF DATA.
8.3. THE COMPANY ACCEPTS NO RESPONSIBILITY FOR FORCES, WHICH ARE BEYOND THE DIRECT CONTROL OF THE COMPANY, INCLUDING, WITHOUT LIMITATION, EARTHQUAKES, FIRE, ACCIDENTS, FLOODS, STORMS, OTHER ACTS OF GOD, RIOTS, WARS, REBELLIONS, STRIKES, LOCKOUTS OR OTHER LABOR DISTURBANCES, NATIONAL OR INTERNATIONAL EMERGENCIES, FAILURE TO SECURE MATERIALS OR EQUIPMENT FROM USUAL SOURCES OF SUPPLY, FAILURE OF CARRIERS TO FURNISH TRANSPORTATION, CYBER TERROR AND CYBER ATTACKS, GOVERNMENT RULES, REGULATIONS, ACTS, ORDERS, RESTRICTIONS OR REQUIREMENTS OR ANY OTHER CAUSE OR CIRCUMSTANCE BEYOND THE REASONABLE CONTROL OF THE COMPANY.
8.4. IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
9.1. These Terms constitute the entire agreement between you and the Company concerning the Services and supersede all prior and contemporaneous agreements and understandings.
9.2 Your account is personal to you. You cannot assign, sublicense or transfer any rights to an account without the Company’s prior written consent. The Company shall be entitled to assign any and all rights or obligations under these Terms without your consent. We will, of course, notify you well in advance, should we transfer our rights or obligations.
9.3 Company’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
9.4. The Agreement and the Customer’s use of our Services are governed by Danish law (excluding conflict of laws rules). Any disputes that cannot be settled amicably shall be brought before the exclusive jurisdiction of the City Court of Aarhus. Cases brought before the Danish High Courts shall be brought to the High Court of Western Denmark as agreed jurisdiction.
If you have any questions regarding our Terms, please contact email@example.com.