Terms of Service
1. Acceptance of terms
By accessing or using the Hummingdesk platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation.
Hummingdesk Ltd ("we", "us", "our") is a company registered in England and Wales.
2. Description of service
Hummingdesk provides a cloud-based customer support platform ("the Service") that includes ticket management, AI-assisted response drafting, multi-channel messaging, workflow automation, knowledge base hosting, and analytics.
We may modify, enhance, or discontinue features from time to time. We will provide reasonable notice of material changes that adversely affect current functionality.
3. Accounts and eligibility
To use the Service, you must be at least 18 years old and legally capable of entering into a binding contract in your jurisdiction. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
You agree to provide accurate, current, and complete information during registration and to update it as needed. We may suspend or terminate accounts that provide false information.
4. Subscription and billing
Free trial. New customers may start a 14-day free trial. A valid payment method is required at signup. You may cancel any time before the end of day 14 without charge. On day 15, we bill your first month at the plan you selected.
Billing cycle. Monthly plans are billed in advance on the same day each month. Annual plans are billed in advance for the full year with a 20% discount.
Overage. If your usage exceeds the AI ticket allocation included in your plan, we bill overage at the published rate at the end of your billing period.
Refunds. Fees are non-refundable except where required by law. Annual plans cancelled mid-term receive a prorated refund of unused months.
Cancellation. You may cancel at any time from your account settings. Cancellation takes effect at the end of your current billing period.
5. Acceptable use
You agree not to use the Service to:
- Send unsolicited commercial messages or engage in spam
- Send messages that are unlawful, defamatory, harassing, threatening, or otherwise objectionable
- Attempt to gain unauthorised access to any system or account
- Reverse engineer, decompile, or disassemble any part of the Service
- Resell or sublicense access to the Service without our written permission
- Use the Service to build a competing product
- Violate the rights of any third party, including privacy, publicity, or intellectual property rights
We may suspend your access if we reasonably determine you have violated these terms.
6. Your data
You retain ownership of all data you submit to the Service ("Customer Data"). We process Customer Data solely to provide the Service to you and in accordance with our Privacy Policy and our Data Processing Agreement (available on request).
You represent that you have the right to submit Customer Data to the Service and that our processing on your behalf will not violate any applicable law or the rights of any third party.
7. Intellectual property
We own all rights, title, and interest in the Service, including all software, design, and documentation. You receive a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms during your subscription period.
8. Termination
Either party may terminate this agreement at any time. Upon termination, your access to the Service ends and we will delete Customer Data within 30 days unless legally required to retain it. You may export your data at any time during the 30-day window.
9. Disclaimers and limitations
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY STATED IN OUR SLA (BUSINESS PLAN ONLY).
To the maximum extent permitted by law, our total liability arising out of or relating to this agreement will not exceed the fees you paid us in the 12 months preceding the claim. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.
10. Governing law
These Terms are governed by the laws of England and Wales. Any disputes will be resolved in the courts of England and Wales.
Questions about these Terms? Email help@hummingdesk.com.