Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and HelpDash Inc., a Delaware corporation (“HelpDash,” “we,” “our,” or “us”), with its principal office at 1345 Avenue of the Americas, Suite 3200, New York, NY 10105.

By accessing or using the HelpDash helpdesk platform, website (helpdash.xyz), APIs, or any related services (collectively, the “Services”), you agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree, do not use the Services.

2. Account Registration and Eligibility

To access the Services, you must register for an account. You agree to provide accurate, current, and complete registration information and to keep it updated. You must be at least 18 years of age and have the legal capacity to enter into binding contracts.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@helpdash.xyz if you suspect unauthorized use of your account. We are not liable for any loss or damage resulting from unauthorized access to your account due to your failure to secure your credentials.

You may not create an account for the purpose of competing with HelpDash, misrepresenting your identity, or engaging in fraudulent activity.

3. Subscriptions, Billing, and Payment

HelpDash offers paid subscription plans as described on our pricing page. By selecting a plan and providing payment information, you authorize us to charge the applicable fees on a recurring basis (monthly or annual, as selected) until you cancel.

• Free Trial: We may offer a free trial period. At the end of the trial, your account will require a paid plan to continue accessing the Services. We will not charge you automatically without your explicit consent.
• Pricing Changes:We reserve the right to change subscription pricing. We will provide at least 30 days’ notice before price changes take effect for existing subscribers.
• Refunds: Subscription fees are non-refundable except as required by applicable law or as explicitly stated in an Order Form. If you cancel mid-period, you will retain access through the end of the paid period.
• Taxes: Prices exclude applicable taxes. You are responsible for paying all taxes, levies, or duties imposed by taxing authorities.
• Failed Payments: If payment fails, we will notify you and may suspend access to the Services until payment is resolved. Accounts with unpaid balances for more than 30 days may be terminated.

4. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:

• Violate any applicable local, state, national, or international law or regulation.
• Transmit or facilitate the transmission of spam, unsolicited messages, or bulk commercial communications.
• Upload, transmit, or distribute any content that is unlawful, defamatory, obscene, fraudulent, or infringing on third-party rights.
• Attempt to gain unauthorized access to any part of the Services, other accounts, or HelpDash’s systems or networks.
• Use automated bots, scrapers, or other automated means to access the Services other than through our published API.
• Reverse engineer, decompile, or disassemble any part of the Services.
• Resell, sublicense, or transfer your access to the Services to any third party without our prior written consent.
• Use the Services to store, process, or transmit malware, viruses, or other malicious code.
• Interfere with or disrupt the integrity or performance of the Services or related systems.

We reserve the right to investigate suspected violations and to terminate accounts or suspend access without notice if we determine a violation has occurred.

5. Intellectual Property

HelpDash and its licensors own all right, title, and interest in and to the Services, including all software, content, logos, trademarks, and other intellectual property. Nothing in these Terms grants you any rights to HelpDash’s intellectual property except the limited license to use the Services as described herein.

You retain ownership of all data and content you submit to the Services (“Customer Data”). You grant HelpDash a limited, worldwide, royalty-free license to host, copy, transmit, and display Customer Data solely to the extent necessary to provide the Services. HelpDash does not use Customer Data to train AI models or for any purpose other than providing the Services, unless you explicitly opt in to such programs.

Feedback, suggestions, and ideas you provide about the Services (“Feedback”) may be used by HelpDash without restriction or compensation. You waive any claim to Feedback you provide.

6. Data Privacy and Security

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you agree to our Privacy Policy.

For customers who process personal data of EU/EEA or UK residents through the Services, we offer a Data Processing Agreement (DPA) that governs our role as a data processor. Please contact privacy@helpdash.xyz to request a DPA.

You are responsible for ensuring that your use of the Services complies with applicable data protection laws, including obtaining any necessary consents from your customers for data processing activities.

7. Service Level Agreement and Uptime

HelpDash targets 99.9% uptime for the core platform services. We publish our system status at status.helpdash.xyz. Scheduled maintenance is performed during low-usage windows and communicated in advance.

In the event of a service outage that results in the platform being unavailable for more than 1% of a calendar month, affected Professional and Enterprise customers may request service credits as their sole remedy. Service credits do not apply to outages caused by factors outside our reasonable control, including customer-side network issues, third-party integrations, or force majeure events.

8. Confidentiality

Each party may disclose or receive confidential information in connection with these Terms. Both parties agree to maintain the confidentiality of the other’s confidential information using at least the same degree of care used to protect their own confidential information (but no less than reasonable care), and not to use or disclose such information except as necessary to perform obligations under these Terms.

Confidential information does not include information that is or becomes publicly known through no fault of the receiving party, information already known by the receiving party at time of disclosure, or information independently developed by the receiving party.

9. Disclaimers and Limitation of Liability

THE SERVICES ARE 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. HELPDASH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HELPDASH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF HELPDASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HELPDASH’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO HELPDASH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless HelpDash and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services in violation of these Terms; (b) your violation of any applicable law or regulation; (c) your Customer Data; or (d) any dispute between you and a third party arising from your use of the Services.

11. Term and Termination

These Terms remain in effect for as long as you have an active account with HelpDash. Either party may terminate these Terms at any time for convenience with 30 days’ written notice. HelpDash may terminate or suspend your access immediately without notice if you materially breach these Terms or if required by applicable law.

Upon termination, your right to access the Services ceases immediately. You may export your Customer Data within 30 days of termination using our data export tool. After 30 days, we may delete your Customer Data in accordance with our data retention policies. Sections 5, 6, 8, 9, 10, 12, and 13 survive termination.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, United States, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with arbitration conducted in New York, NY.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction for matters involving intellectual property infringement or unauthorized disclosure of confidential information. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. General Provisions

• Entire Agreement: These Terms, together with any Order Forms and our Privacy Policy, constitute the entire agreement between you and HelpDash regarding the Services and supersede all prior agreements.
• Modifications:We may update these Terms from time to time. We will provide at least 30 days’ notice for material changes via email or prominent notice on the platform. Continued use of the Services after the effective date constitutes acceptance.
• Severability: If any provision of these Terms is held invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
• Waiver: Failure to enforce any right or provision of these Terms shall not constitute a waiver of that right.
• Assignment:You may not assign these Terms or any rights hereunder without HelpDash’s prior written consent. HelpDash may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure:Neither party shall be liable for delays or failures in performance caused by events beyond that party’s reasonable control.

14. Contact

For questions about these Terms, please contact us: