Agreement

These Terms of Service (the “Terms”) govern access to and use of beardesk (the “Service”), which is provided by Beardesk (“we”, “us” or “our”). By creating an account, accessing the Service or otherwise indicating acceptance, you agree to be bound by these Terms.

Where you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity, and references to “you” and “your” are to that entity.

These Terms incorporate the Privacy Policy and the Refund Policy by reference. In the event of conflict between these Terms and either of those documents, these Terms prevail, save in respect of the subject matter specifically governed by the document in question.

The Service

The Service is a hosted platform for handling enquiries received from your clients. It comprises an artificial intelligence assistant which responds to such enquiries across the messaging channels you elect to connect, drawing upon a knowledge base which you supply, configure and maintain, and which may carry out actions on your systems where you have configured it to do so; a shared workspace in which your personnel may monitor, take over and respond to those conversations; and a help center which you publish to your clients.

Beardesk grants you a non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Service during the subscription term, solely for your internal business purposes and subject to these Terms.

Beardesk may modify, enhance or discontinue features of the Service at any time and at its sole discretion.

Nature and limitations of automated responses and actions

You acknowledge that responses generated by the Service are produced by artificial intelligence models and are probabilistic in nature. Such responses may be inaccurate, incomplete, outdated or otherwise unsuitable, notwithstanding the accuracy of the knowledge base from which they are derived.

You remain solely responsible for all communications issued to your clients through the Service, and for all actions it carries out on your systems, to the same extent as if they had been composed or performed by your personnel. In particular, you undertake as follows.

To review the operation of the Service and the responses it generates, and to correct the knowledge base where a response is found to be inaccurate.
Not to deploy the Service to provide medical, legal, financial or other regulated advice, or any communication upon which a person may reasonably rely to their detriment, without prior review by a suitably qualified person.
To ensure that the use you make of the Service complies with all laws applicable to your business, including any obligation to disclose that a communication is automated.
To maintain such human oversight of the Service as the circumstances of your business reasonably require.

A record of each conversation is retained within your account and is available to you for the purpose of discharging these obligations.

Accounts and eligibility

You must be at least eighteen years of age and capable of forming a binding contract.
You must provide accurate and complete registration information and maintain it in an up-to-date state.
You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account, whether or not authorized by you.
You must notify Beardesk without undue delay upon becoming aware of any unauthorized access to or use of your account.
You are responsible for the acts and omissions of each authorized user of your account as if they were your own.

Trial period

Each subscription commences with a free trial of seven days, during which the full functionality of the Service is available. A valid payment method is required in order to commence the trial.

Where the subscription is canceled before the expiry of the trial, no charge is made.
Where the subscription is not canceled before the expiry of the trial, the subscription commences automatically and the first payment becomes due at the price applicable at the time of registration.
One trial is available per account holder. The creation of multiple accounts for the purpose of obtaining additional trials constitutes a breach of these Terms and entitles Beardesk to suspend or terminate the accounts concerned.

Fees, payment and seller of record

Subscriptions are billed in advance, on a monthly or annual basis according to the plan selected, at the price displayed at the time of purchase. Each plan includes the seat allocation, conversation allowance and artificial intelligence credit allowance stated for that plan.

Seller of record

Payments are processed by a third-party payment provider which acts as merchant of record. That provider is accordingly the seller in respect of the transaction, the contract of sale for the subscription is concluded between you and that provider, and the receipt issued to you records its identity. These Terms continue to govern your access to and use of the Service, and the payment provider’s own terms govern the sale.

Allowances and consumption

Artificial intelligence credits are consumed by the generation of responses and by the processing of material into the knowledge base.
Allowances are granted in respect of each billing period and do not accumulate or carry forward to any subsequent period.
Upon exhaustion of the credit allowance, the generation of further responses is suspended until the commencement of the next billing period or until the subscription is upgraded. Stored data, conversation history and account configuration are unaffected.
Where a plan is described as providing an unlimited allowance, that description is subject to fair and reasonable use. Where use by a single account holder is such as to impair the availability or performance of the Service for others, Beardesk will contact the account holder to discuss the matter before taking any other step.

Variation of fees

Beardesk may vary its fees. A varied fee is published on the pricing page and takes effect from the commencement of your next subscription term. It does not affect a term already paid for, so a price change can never alter what you have been charged. Where you do not wish to accept a varied fee, you may cancel in accordance with the section below and keep the Service until the paid term expires.

All fees are stated exclusive of taxes unless otherwise indicated. Applicable taxes are calculated, collected and remitted by the payment provider in its capacity as merchant of record and are shown at the point of purchase.

Cancellation and refunds

You may cancel your subscription at any time from within your account. No notice period applies and no cancellation fee is payable.

Access to the Service continues until the expiry of the subscription term for which payment has been made.
No renewal occurs following cancellation.
Beardesk does not provide refunds in respect of fees already paid, including in respect of any unused portion of a subscription term. The trial period is provided in order that the Service may be evaluated before any payment is made. The Refund Policy sets out this position in full.
You should export any data you wish to retain before the expiry of the term. Data is deleted in accordance with the retention provisions of the Privacy Policy.

Acceptable use

You must not use the Service, and must not permit any other person to use the Service, in any of the following ways.

Contravening any applicable law or regulation, or facilitating its contravention by another person.
Transmitting unsolicited bulk communications, or communications which contravene the acceptable use policy or terms of any connected messaging channel.
Impersonating any person or entity, misrepresenting your affiliation with any person or entity, or configuring the Service to deny that it is automated when it is asked directly.
Harassing, threatening, defaming or abusing any person, or transmitting material which is obscene, unlawful or which infringes the rights of another.
Processing personal data which you have no lawful basis to process, or soliciting from your clients personal data which is not necessary for the purpose for which it is collected.
Uploading or transmitting material which infringes the intellectual property rights of another person, or in respect of which you do not hold the necessary rights.
Introducing any virus, malicious code or other harmful component into the Service.
Attempting to gain unauthorized access to the Service or to any system or network connected to it, or conducting any penetration test, vulnerability scan or security assessment without the prior written consent of Beardesk.
Circumventing or attempting to circumvent any usage limit, access control or technical restriction.
Reselling, sublicensing, leasing or otherwise making the Service available to any third party except as expressly permitted.
Reverse engineering, decompiling or disassembling the Service, or using it to develop a competing product or service.

Beardesk may suspend or terminate access to the Service at any time, with or without notice and at its sole discretion, whether or not any breach of this section has occurred.

Intellectual property

As between the parties, you retain all right, title and interest in and to the content you supply to the Service, including your knowledge base content, the conversations conducted through your account and the data of your clients (together, “Your Content”).

You grant Beardesk a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit and process Your Content, and to disclose it to the processors described in the Privacy Policy, solely to the extent necessary to provide, secure and support the Service. That license terminates upon deletion of Your Content in accordance with the retention provisions of the Privacy Policy.

Beardesk retains all right, title and interest in and to the Service, including its software, interfaces, design, documentation, trade marks and the beardesk name and marks. No right is granted save as expressly set out in these Terms.

Where you submit suggestions, feedback or proposals concerning the Service, Beardesk may use, implement and exploit them without restriction, attribution or compensation.

Availability

Beardesk will use reasonable endeavors to maintain the availability of the Service. Beardesk does not offer, and these Terms do not constitute, a service level agreement or any guarantee of uptime, availability or response time.

To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis. Beardesk disclaims all warranties, conditions and representations, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, error free, secure or that the responses it generates will be accurate.

Limitation of liability

To the maximum extent permitted by applicable law, Beardesk shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive loss, nor for any loss of profit, revenue, business, anticipated saving, goodwill or data, whether arising in contract, tort, including negligence, or otherwise, and whether or not Beardesk was advised of the possibility of such loss.

To the maximum extent permitted by applicable law, Beardesk shall not be liable for any act or omission of any person occurring in consequence of a response generated by the Service, nor for any decision taken in reliance upon such a response.

The aggregate liability of Beardesk arising out of or in connection with these Terms, whether in contract, tort or otherwise, shall not exceed the total amount paid by you to Beardesk in the twelve months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability which may not lawfully be excluded or limited. Where you contract as a consumer, your statutory rights are unaffected by these Terms.

Indemnity

You shall indemnify Beardesk against all liabilities, costs, expenses, damages and losses, including reasonable legal fees, suffered or incurred by Beardesk arising out of or in connection with any claim brought by a third party in respect of your use of the Service in breach of these Terms, your breach of the acceptable use provisions, or any allegation that Your Content infringes the rights of that third party.

Suspension and termination

You may terminate this agreement at any time by canceling your subscription.
Beardesk may suspend or terminate this agreement, or any account, at any time and at its sole discretion, with or without notice and without being required to give a reason.
Beardesk may terminate this agreement upon reasonable notice where it ceases to provide the Service, in which case you will be afforded a reasonable opportunity to export Your Content.
Upon termination your right to access the Service ceases immediately, and Your Content is deleted in accordance with the retention provisions of the Privacy Policy.
The provisions of these Terms which by their nature are intended to survive termination, including those relating to intellectual property, limitation of liability, indemnity and governing law, survive it.

Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them, including any non-contractual dispute or claim, are governed by and construed in accordance with the laws of India.

The parties submit to the exclusive jurisdiction of the courts of Rajasthan, India in respect of any such dispute or claim. Where you contract as a consumer and the law of your place of residence confers upon you the right to bring proceedings in the courts of that place, that right is unaffected.

General

These Terms, together with the documents incorporated by reference, constitute the entire agreement between the parties in respect of their subject matter and supersede all prior agreements and representations.
Beardesk shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control.
You may not assign or transfer any right or obligation under these Terms without the prior written consent of Beardesk. Beardesk may assign these Terms in connection with a merger, acquisition or sale of assets.
No failure or delay in exercising any right constitutes a waiver of it.
Where any provision is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.
Nothing in these Terms creates any partnership, joint venture, agency or employment relationship between the parties.
No person who is not a party to these Terms has any right to enforce any of their provisions.

Amendments

Beardesk may amend these Terms from time to time. The date stated at the head of these Terms indicates when they were last revised.

An amendment takes effect when published on this page, which is the authoritative statement of these Terms at any time. Continued use of the Service after that constitutes acceptance of it. Where you do not wish to accept an amendment, you may cancel your subscription, in which case access continues until the expiry of the term for which payment has been made.

Contact

Enquiries concerning these Terms or your account should be addressed to support@beardesk.ai. Enquiries concerning personal data should be addressed to privacy@beardesk.ai.