Terms of Service

1. Acceptance of Terms

By accessing or using the TheHelpFlow platform ("Service"), you ("Customer" or "you") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, incorporated herein by reference. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity.

If you do not agree to these Terms, you may not use the Service. TheHelpFlow reserves the right to update these Terms at any time; continued use after notice of changes constitutes acceptance. Customers will receive at least 14 days' notice of material changes via email.

2. Account Registration & Eligibility

To use the Service, you must create an account by providing accurate, complete, and up-to-date registration information. 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.
• All activities that occur under your account, including actions by agents and sub-users you invite.
• Notifying TheHelpFlow immediately at support@thehelpflow.com of any unauthorised use.

TheHelpFlow may suspend or terminate accounts that provide false registration information or that have been inactive for more than 12 consecutive months with advance notice.

3. Acceptable Use

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

• Use the Service to transmit spam, unsolicited bulk email, or illegal communications.
• Upload or transmit content that infringes any intellectual property rights or contains malware, viruses, or malicious code.
• Attempt to probe, scan, or test the vulnerability of our systems or circumvent any security or authentication measure.
• Reverse-engineer, decompile, or disassemble any portion of the Service.
• Resell, sublicense, or provide access to the Service to third parties other than your end-customers as intended by the platform.
• Use the Service to process or store data relating to illegal activities, including child sexual abuse material, or data that facilitates discrimination, violence, or harassment.
• Violate any applicable law, including export control laws, anti-money laundering regulations, or data protection laws.

TheHelpFlow may investigate and take action — including immediate account suspension — for suspected violations. We will provide notice unless prohibited by law or necessary to prevent ongoing harm.

4. Subscriptions, Fees & Billing

Subscription plans. The Service is provided on a subscription basis. Features and limits vary by plan. Descriptions of each plan are published at thehelpflow.com/pricing.

Pricing and charges. Subscription fees are charged in advance on a monthly or annual cycle depending on your selected billing interval. Agent seats added mid-cycle are prorated. We reserve the right to change pricing with 30 days' notice.

Payment. By providing payment information, you authorise TheHelpFlow (via our payment processor, Stripe) to charge the applicable fees to your payment method. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.

Taxes. Fees are exclusive of taxes. Where applicable (e.g. VAT in the EU/UK, GST in Australia), taxes will be added to your invoice. You are responsible for any applicable withholding taxes.

Failed payments. If a charge fails, we will retry up to three times over 14 days. If payment is not received, the account will be downgraded to read-only status. Data is retained for 30 days before permanent deletion.

Annual plan refunds. If you cancel an annual plan within 30 days of your renewal date without having used more than 10% of your allotted usage, you may request a prorated refund. Contact support@thehelpflow.com.

5. Intellectual Property

Our IP. TheHelpFlow and its licensors own all right, title, and interest in the Service, including all software, AI models, documentation, trade marks, logos, and visual interfaces. These Terms do not grant you any rights in our intellectual property except the limited licence to use the Service as described herein.

Your licence to use the Service. Subject to your compliance with these Terms and timely payment of fees, TheHelpFlow grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service during your subscription term solely for your internal business operations.

Your IP. You retain all intellectual property rights in your Customer Data (as defined in Section 6). By using the Service, you grant TheHelpFlow a limited licence to host, process, and transmit your Customer Data solely as necessary to provide the Service.

Feedback. If you provide suggestions or feedback about the Service, TheHelpFlow may use such feedback freely without obligation to you.

6. Customer Data

"Customer Data" means all data, content, and information submitted to the Service by you or your end-customers (e.g. support ticket content, contact records, attachments). You are solely responsible for the accuracy, quality, legality, and sufficiency of your Customer Data.

TheHelpFlow will:

• Process Customer Data only in accordance with your instructions and our Data Processing Agreement.
• Implement appropriate technical and organisational measures to protect Customer Data against unauthorised access, disclosure, or destruction.
• Not access Customer Data except as necessary to provide the Service, comply with applicable law, or enforce these Terms.
• Not sell, transfer, or use Customer Data for advertising or any purpose unrelated to providing the Service.

You must ensure you have all necessary consents and legal bases to collect and process end-customer personal data through the Service.

7. Third-Party Services & Integrations

The Service integrates with third-party services (e.g. Shopify, Salesforce, Twilio). Your use of such integrations is subject to the third party's own terms and privacy policies. TheHelpFlow is not responsible for the availability, accuracy, or practices of third-party services. Disabling an integration does not retroactively affect data already processed through it.

8. Service Availability & Uptime

TheHelpFlow targets 99.9% monthly uptime for the Service (excluding scheduled maintenance windows, which are communicated at least 48 hours in advance). If we fall below this target in any calendar month, you may request a service credit as described in our SLA documentation. Service credits are your sole and exclusive remedy for downtime.

9. Warranties & Disclaimers

TheHelpFlow warrants that (a) the Service will perform materially in accordance with its documentation; and (b) we will employ commercially reasonable security measures. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". THEHELPFLOW DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AI-generated outputs are probabilistic and may contain inaccuracies. You are responsible for reviewing AI-suggested replies before sending them to end-customers. TheHelpFlow does not warrant the accuracy or completeness of AI outputs.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THEHELPFLOW'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM.
• NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless TheHelpFlow and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of: (a) your use of the Service in violation of these Terms; (b) your Customer Data; (c) your violation of any applicable law; or (d) your infringement of any third-party intellectual property rights.

12. Termination

By you. You may cancel your subscription at any time through the billing portal in your account settings. Cancellation takes effect at the end of the current billing period. No partial-period refunds are issued except as described in Section 4.

By TheHelpFlow. We may suspend or terminate your account immediately if you materially breach these Terms, fail to pay fees after the cure period, or if continued operation poses a legal, security, or reputational risk. We will provide advance notice where practicable.

Effect of termination. On termination, all licences granted to you immediately cease. Your Customer Data will be available for export for 60 days, after which it will be permanently deleted. Provisions that by their nature survive termination (including Sections 5, 9, 10, 11, and 13) will continue to apply.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-law provisions. Any dispute arising out of or in connection with these Terms that cannot be resolved amicably within 30 days of written notice shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with one arbitrator, seated in San Francisco, CA.

Class action waiver. You agree that any arbitration or court proceeding shall be brought individually and not as a class, collective, or representative action. You waive any right to participate in class-action proceedings.

For customers in the European Union, mandatory local consumer protection laws of your country of residence may apply and take precedence over the above.

14. Changes to These Terms

TheHelpFlow may revise these Terms from time to time. Material changes will be communicated by email at least 14 days before the new Terms take effect. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree to the updated Terms, you may cancel your subscription before they take effect.

15. General

• Entire agreement. These Terms, together with any Order Form, the Privacy Policy, and the Data Processing Agreement, constitute the entire agreement between you and TheHelpFlow regarding the Service.
• Waiver. Failure to enforce any provision does not constitute a waiver of our right to do so in the future.
• Severability. If any provision is found unenforceable, the remaining provisions continue in full force.
• Assignment. You may not assign these Terms without our prior written consent. TheHelpFlow may assign these Terms in connection with a merger, acquisition, or sale of substantially all assets.
• Force majeure. Neither party is liable for failure to perform obligations due to circumstances beyond its reasonable control, including natural disasters, war, pandemics, or internet infrastructure failures.

16. Contact

For legal notices or questions about these Terms:

• Email: support@thehelpflow.com
• Post: Legal Department, TheHelpFlow Inc., 340 Pine Street, Suite 800, San Francisco, CA 94104, USA

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Related: Privacy Policy · Security