Terms of service

Provider: HelpFalcon is provided by ASKEM d.o.o. Sarajevo (ASKEM Društvo sa ograničenom odgovornošću), a company registered in Bosnia and Herzegovina, registration number (MBS) 65-01-0279-26, tax identification number (JIB) 4203628980007.

These terms apply when an organisation (“you”) creates a HelpFalcon workspace or uses the service. HelpFalcon is provided by ASKEM d.o.o. Sarajevo (“we”).

1. The service

HelpFalcon is a hosted customer-support software service: tickets, email, messaging, help centre, rules, reporting, AI features and APIs. The features of each plan are listed on the pricing page. Features marked as planned are not part of the service until they ship.

Private beta. The service is in private beta. It runs on a single server in Germany, without failover, and some features are not switched on yet: the AI features have no provider connected, and billing runs against our payment provider’s sandbox, so no plan can be paid for today. We describe what is and is not in place on the trust centre. Section 7 says what that means for availability.

2. Your account

• You are responsible for the people you invite to your workspace and for keeping sign-in details safe.
• You must give accurate information when you sign up and keep your billing details current.
• You may not use the service to send spam, to break the law, or to harm other people or our systems.

3. Your data

You own the data you and your customers put into HelpFalcon. We process it only to provide the service, as described in the data processing agreement. You can export your data at any time, and when you close your workspace we delete it after the retention period stated in the DPA.

4. Our software, and what you may do with it

This clause is new and has not been through legal review yet. It states the licence and self-host position we have decided on (ADR 0015, DEC-013); the wording still needs a lawyer before the DRAFT mark comes off this document.

We keep our intellectual property. HelpFalcon, its software, designs, documentation, trademarks and the content we publish belong to us or our licensors. You get the right to use the service, not the software: a non-exclusive, non-transferable right, for the term of your subscription and for the number of agents you pay for, to use HelpFalcon for your organisation’s own customer support.

What you may not do. You may not copy, decompile, reverse engineer or create derivative works of the software, remove or hide our copyright, licence or attribution notices, resell or sublicense the service or make it available to anyone outside your organisation, use it to build a competing product, or scrape or benchmark it for publication without our written agreement. Security research under our responsible disclosure rules is welcome and is not a breach of this clause.

Our client libraries and SDKs are open source. The API client libraries and the messenger SDKs we publish are MIT licensed and governed by their own licence files, not by this clause. You may embed them in your own applications, including applications you sell.

Your feedback. If you send us ideas or suggestions we may use them to improve the service, without owing you anything for them. This does not give us any right to your data, which stays yours under section 3.

5. Self-hosted and dedicated installations

New clause, also awaiting legal review (ADR 0015, DEC-013). It has to match the Enterprise agreement the lawyer drafts.

Self-hosted, dedicated and on-premise installations are sold only under a signed Enterprise agreement, and that agreement sets the terms. In outline, and subject to it:

• You get a right to install and run the released images, Helm chart and compose files for your own internal support operations, for the term of the subscription and up to the agreed number of agents.
• You may not redistribute or resell them, operate HelpFalcon as a service for third parties, or remove our notices.
• Source code and configuration that reach you through the documented install path are confidential. Receiving them is not a publication and does not make HelpFalcon open source.
• You may modify your own installation. Modified parts are not supported, and we are not responsible for what they do.
• There are no licence keys and no phone-home. Seat counts come from your invoice, which also means the agreed limits are a contractual obligation on you.
• Third-party components in the bundle keep their own licences. The release ships the licence texts, the third-party notices and a software bill of materials, and copyleft components are included as separate unmodified images with a pointer to their upstream source.

Running HelpFalcon yourself does not change section 3: your data is yours, and in that case you are also the one hosting it.

6. Fees and billing

• Paid plans are billed per agent, monthly or yearly, in advance. Light agents are free.
• Paddle (Paddle.com Market Ltd) is our reseller and merchant of record, and handles payments, invoices and sales tax. During the private beta only Paddle’s sandbox is connected, so no payment can be taken and every workspace is on a trial or the free plan.
• If a payment fails we will tell you and retry; after a grace period we may limit the workspace to read-only.
• Prices can change with 30 days’ notice; a change applies from your next billing period.

7. Availability and support

During the private beta there is no availability commitment. The service runs on one server, so maintenance, a restart or an incident at our hosting provider is downtime you will notice. Live status and incident history are on status.helpfalcon.com.

From the public launch, the plans that name an availability figure on the pricing page carry that commitment, with service credits set out in a separate service level agreement for the plan. That agreement has not been written yet; until it is published, no service credits are owed and nothing on the pricing page is a guarantee.

8. Trials and the free plan

Trials run for the period shown when you sign up, without a card. At the end of a trial the workspace moves to the free plan unless you choose a paid plan. The free plan has the limits listed on the pricing page.

Inactive workspaces. A free-plan workspace that no member of your team has signed in to or used for 12 months, and a trial workspace unused for 90 days, may be archived and then deleted. Before that we email the workspace’s administrators twice: a first notice at least 30 days before archiving, and a final notice 14 days after the first. Signing in once keeps the workspace and resets the clock. An archived workspace is suspended; 30 days after archiving it is deleted, and its data is removed from our systems within 7 days after that (backups expire on their own schedule, as described in the DPA). Paid workspaces are never archived or deleted for inactivity.

9. Ending the agreement

You can cancel at any time; paid time is not refunded unless the law requires it. We may suspend a workspace that breaks these terms, after a warning where that is reasonable.

10. Liability

The service is provided with reasonable skill and care. Each party’s total liability is limited to the fees paid in the twelve months before the claim, except where the law does not allow a limit.

11. Sanctions and export control

New clause, not through legal review yet (LEG-023). It states the policy we apply today and the screening the product already does; the wording still needs a lawyer before the DRAFT mark comes off this document.

By creating a workspace or using the service you confirm that:

• your organisation is not located or established in, and you are not ordinarily resident in, a country or region under a comprehensive embargo (currently Cuba, Iran, North Korea, Syria, and the occupied Ukrainian territories: Crimea, Sevastopol and the Donetsk, Luhansk, Zaporizhzhia and Kherson regions);
• neither your organisation nor anyone who owns or controls it is named on an EU, UN, US, UK or other applicable sanctions list;
• you will not let anyone in either of those positions use the service, or use it on their behalf;
• you will not export, re-export or otherwise make the service available in breach of export control or sanctions law.

We screen sign-ups and payments against the first point, and Enterprise customers against the lists. Tell us if any of this stops being true. Where sanctions or export law requires it we may refuse a sign-up or a payment, and suspend or close a workspace, without notice.

12. Changes and law

We may update these terms and will tell workspace owners about material changes 30 days in advance. These terms are governed by the law stated in the final version of this document.

Questions: hello@helpfalcon.com.