These Terms of Service ("Terms") govern your access to and use of the FyneDesk platform, including the website at fynedesk.io and the application at app.fynedesk.io (collectively, the "Service"), operated by FyneDesk ("we", "us", or "our").
By creating an account or using the Service, you agree to be bound by these Terms. If you are using FyneDesk on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to that organization.
If you do not agree to these Terms, do not use the Service.
1. Eligibility
You must be at least 16 years old to use FyneDesk. By using the Service, you represent that you meet this requirement. FyneDesk is intended for business use. You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations.
2. Accounts
To use FyneDesk, you must register for an account. You agree to provide accurate, complete, and current information during registration and to keep your account information up to date.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@fynedesk.io if you suspect unauthorized access to your account.
We reserve the right to refuse registration or cancel accounts at our discretion, including if we believe an account is being used in violation of these Terms.
3. The Service
FyneDesk provides a helpdesk and customer support platform that includes ticket management, a customer portal, knowledge base, live chat, email-to-ticket, AI-assisted tools, analytics, and related features. The specific features available to you depend on your selected plan, as described on our Pricing page.
We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will make reasonable efforts to notify you of material changes that affect your use of the Service.
4. Plans, billing, and payment
Free plan
FyneDesk offers a permanent free plan subject to the usage limits described on our Pricing page. We reserve the right to adjust the features and limits of the free plan at any time with reasonable notice.
Paid plans
Paid plans are billed on a per-agent, per-month basis. By subscribing to a paid plan, you authorize us to charge your payment method for the applicable fees at the start of each billing period. All fees are in US dollars.
Fees are non-refundable except as required by applicable law. We do not provide refunds or credits for partial months of service or for unused features.
Free trial
We may offer a free trial of paid plan features. At the end of the trial period, your account will revert to the free plan unless you have provided payment information and chosen to continue on a paid plan. No charge is made during the trial period.
Price changes
We may change our pricing at any time. We will provide at least 30 days' notice before any price change takes effect for existing subscribers. Continued use of the Service after the price change takes effect constitutes acceptance of the new pricing.
Taxes
You are responsible for all applicable taxes, duties, and governmental charges. If we are required to collect taxes on your behalf, they will be added to your invoice.
Payment processing
Payments are processed by Stripe, Inc. By providing payment information, you agree to Stripe's terms of service and authorize us to charge your payment method through Stripe. We do not store full credit card numbers on our servers.
5. Acceptable use
You agree not to use the Service to:
- Violate any applicable law or regulation
- Infringe the intellectual property rights of any third party
- Transmit spam, unsolicited messages, or bulk communications
- Upload or transmit malware, viruses, or any other malicious code
- Attempt to gain unauthorized access to any part of the Service or its related systems
- Interfere with or disrupt the integrity or performance of the Service
- Harass, abuse, or harm any person
- Collect personal data from other users without their consent
- Impersonate any person or entity
- Resell, sublicense, or transfer access to the Service without our written permission
We reserve the right to investigate suspected violations and to suspend or terminate accounts that we determine, in our sole discretion, have violated these Terms.
6. Your content
You retain ownership of all content you submit to the Service, including tickets, messages, knowledge base articles, and contact records ("Your Content"). By submitting content, you grant us a limited, non-exclusive license to store, process, and display Your Content solely to provide and improve the Service.
You are solely responsible for Your Content. You represent and warrant that you have all rights necessary to submit Your Content and that it does not violate any third-party rights or applicable law.
We do not sell Your Content or use it for advertising. For details on how we handle your data, see our Privacy Policy.
7. AI features
FyneDesk uses third-party AI providers to power AI features, including ticket summaries and suggested replies. When you use these features, relevant ticket content is sent to our AI provider(s) for processing. By using AI features, you acknowledge and agree to this processing. Current AI providers are listed in our Privacy Policy.
AI-generated content is provided for informational purposes only. You are responsible for reviewing and approving any AI-generated content before acting on it or sending it to customers. We make no warranty regarding the accuracy, completeness, or suitability of AI-generated output.
We select AI providers that do not use your data to train their models. Each provider's data handling is governed by their own privacy policy.
8. Intellectual property
FyneDesk and its original content, features, and functionality are owned by FyneDesk and protected by applicable intellectual property laws. Nothing in these Terms transfers ownership of FyneDesk's intellectual property to you.
You may not copy, modify, distribute, sell, or lease any part of the Service, or reverse engineer or attempt to extract the source code of the Service, unless applicable law permits this or you have our written permission.
"FyneDesk" and associated logos and marks are trademarks of FyneDesk. You may not use our trademarks without prior written consent.
By submitting feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate that feedback without any obligation to you.
9. Third-party services
The Service integrates with third-party services including Stripe (payments) and Anthropic (AI processing). Webhook destinations and other integrations you configure are also third-party services. These services are governed by their own terms and privacy policies. We are not responsible for the practices or content of any third-party service.
10. Privacy and security
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. We implement industry-standard security measures, but no system is completely secure. You acknowledge that you provide your data at your own risk and are responsible for maintaining the security of your account credentials.
11. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above may not apply to you in full.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FYNEDESK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.
Some jurisdictions do not allow limitations on certain types of damages, so the above may not apply to you in full.
14. Indemnification
You agree to indemnify, defend, and hold harmless FyneDesk and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with your use of the Service, Your Content, or your violation of these Terms.
15. Termination
You may cancel your account at any time from your account settings. For paid accounts, cancellation takes effect at the end of the current billing period. No refunds are issued for unused portions of a billing period.
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately.
Following termination or cancellation, we will retain your data for 30 days to allow for reactivation, after which it will be permanently deleted. You may request earlier deletion by contacting support@fynedesk.io.
Sections of these Terms that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, indemnification, and governing law.
16. Governing law and disputes
These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law provisions. Nothing in this section limits any rights you may have under the mandatory consumer protection laws of your country of residence.
Any dispute arising out of or relating to these Terms that cannot be resolved informally shall be submitted to binding arbitration administered by JAMS in accordance with its rules, conducted in English in California. Each party shall bear its own costs, except that we will cover arbitration filing fees if you cannot afford to pay them.
Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent irreparable harm. You agree that disputes will be resolved on an individual basis — not as part of any class, consolidated, or representative action.
17. Changes to these Terms
We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. We will notify you by email if the changes are material, and provide at least 30 days' notice before changes that adversely affect your rights take effect. Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.
18. General
These Terms, together with our Privacy Policy, constitute the entire agreement between you and FyneDesk regarding the Service. If any provision is found to be unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right or provision will not be considered a waiver. You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
19. Contact us
If you have questions about these Terms, contact us at:
FyneDesk
San Jose, California, United States
Email: support@fynedesk.io
Website: fynedesk.io