Effective Date: May 06, 2022

Freshworks, Inc. ("Freshworks," "we", “our” and "us") is the organiser of Freshworks User Network which can be accessed at https://communityevents.freshworks.com/ (“Freshworks User Network”) where Freshworks hosts virtual events, in-person events, seminars and webinars (each, an “Event”) for you (“You” or “Your”) to connect with fellow Freshworks users and experts, build connections, meet up in person or virtually, and collaborate with your peers across an array of geographies, industries, and skill-sets of your choice.

These terms and conditions (“Freshworks User Network Terms”) govern your registration for and participation at any Event hosted or organised by Freshworks. These Freshworks User Network Terms are incorporated by reference into Refresh Community Terms, and form part of the Freshworks User Network Terms between you and Freshworks. You may not, and you must not attend or participate in any Event unless you accept these Freshworks User Network Terms along with Bevy terms. We reserve the right to reject any request for an Event, it deems inappropriate.

1. Account

You are free to use the Freshworks User Network, but only for the purposes that are envisaged in this Freshworks User Network Terms. You may be required to provide certain registration details or other information to set up an account in order to access and register for Events on Freshworks User Network. You hereby represent and warrant, that you are of the legal age of majority in the jurisdiction in which you reside and that all information you provide is correct, current, and complete. If you choose, or you are provided with, a username, password, or other information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree that you are solely responsible for your account and everything that happens on your account, including if someone accesses your account without your permission. You agree to immediately notify Freshworks of unauthorized use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You should log out from your account at the end of each session, especially when using a public computer. You have the right to delete your account. You understand and agree that if you choose to exercise such a right, it will not apply retroactively. Freshworks has the absolute right to disable any username or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of these Terms.

2. Event

To register for the event, you must complete the Event registration form and pay any registration fee, if applicable. Upon submission of your completed online registration form on Freshworks User Network, you are considered ‘registered’ (pending payment, where applicable) for that particular Event. Please note that by submitting your registration, you agree to these Freshworks User Network Terms without modification and you enter into a binding contract with us when you register for the Event (including if the Event is free of charge).

Where no online registration form is required by us, you may be invited via other means (e.g. Outlook or other tools) to attend the Event. In such circumstances, you agree to these Freshworks User Network Terms without modification and you enter into a binding contract with us when you register for that Event (including if the Event is free of charge). Upon submission of your registration, you are considered ‘registered’ (pending payment, where applicable). Even otherwise, your participation in the event will be constituted as your acceptance of these Freshworks User Network Terms.

If you register for the Event on behalf of an entity, you agree to these Freshworks User Network Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such a case, “you” and “your” will also refer to that entity. If you do not have such authority, or if you do not agree to any portion of these Terms, please do not register for the Event.

When registering for an event, you must provide us with accurate and complete registration details. It is your responsibility to inform us of any changes to that information (including, without limitation, your email address) by updating your details on the relevant section of the applicable website or contacting us at fun@freshworks.com. You agree and understand that your registration for the Event is subject to our confirmation that will be sent to you via email. We are entitled to deny your registration without cause.

Event registration is subject to availability and may close earlier than the posted deadline, as determined at our sole discretion. We may also change the Event at any time at our sole discretion. You will at all times comply with our Code of Conduct.

Without limiting any other remedy under the Freshworks User Network Terms or applicable law, if you fail to comply with these Freshworks User Network Terms or any other agreement between you and Freshworks, Freshworks may take any action it deems appropriate in response, including canceling your Event registration without any refund or banning you from the applicable Event or any or all other Events.

3. Payments

If the Event is not free of charge, you undertake to pay the relevant fees (all taxes included) as specified on the registration form if you wish to attend the Event. The fees shall be paid in accordance with the conditions set out on the registration form. In the absence of specific conditions on the registration form, the fees shall be paid in accordance with the payment terms as set out on the invoice, but in any case, before the beginning of the Event.

4. Changes to Event

We may cancel the Event at any time for reasons including, for example, availability or suitability of venue or speakers or on security, health, or safety grounds, and we may deny, limit, or cancel your Event registration at any time. We are not responsible for any damages, direct or indirect, resulting from such cancellation. Freshworks does not guarantee the attendance of any third party (including any exhibitor or speaker), or that any scheduled session, breakout, keynote, or other activity will take place. If we cancel the Event or your registration and you are in compliance with these Freshworks User Network Terms, we will issue you a refund of your Event registration fee in accordance with the refund policy we have in place at the time being in force.

Payments made for one Event may not be applied toward the purchase of any other Event, product, or service. While it is Freshworks’ practice to confirm Event-related payment transactions by email, the receipt of an email confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service.

5. Cancellation and Transfers

If you wish to cancel your attendance at any paid Event, then our standard cancellation policy devised from time to time will be applicable. For clarity, failure to check-in at an event does not constitute a cancellation, and will not give rise to a refund or a credit.

Freshworks may permit you to transfer your registration of certain Events to another person within your organisation at Freshworks sole discretion, subject to its internal policies. If the Event is free of charge, we kindly ask you to inform us should you suddenly not be able to participate. That way, we can admit prospective participants on the waiting list to participate instead.

6. Your Information

 

6.1 Generally: We handle your information in accordance with our Privacy Notice.

6.2 Sharing with Event Sponsors: We may provide your contact information to Event Sponsors if (a) you elect to attend any sessions or other activities at the Event involving Event Sponsors (in which case we would provide your contact information only to the Event Sponsor involved in such session or other activity,) or (b) you opt-in during registration or otherwise to receive communications from our Event Sponsors. For the purpose of these Freshworks User Network Terms, “Event Sponsors” shall mean a third-party sponsor of the Event.

6.3 Voice and Image: By participating in the Event experiences, you agree that we may derive information from recordings of your voice and images of your face and retain and use all resulting information, in each case in accordance with the Privacy Notice.

7. Trade Compliance and Ethics

 

 

7.1  You represent and warrant that you and your financial institution(s) used to fund any fees required for the Event are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the U.S. government (e.g., the U.S. Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the U.S. Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.

 7.2  You certify that you have confirmed with the appropriate ethics officials that there are no federal, state, local, or institutional ethics or procurement laws, regulations, or rules that restrict or prohibit your attendance at the Event or would otherwise create a conflict of interest for Freshworks.

 

Freshworks may make or present forward-looking statements regarding its future events or future financial performance, or future events or future financial performance of its Affiliates or partners. Words such as “expects,” “goals,” “plans,” “believes,” “continues,” and “may,” and variations of such words and similar expressions identify forward-looking statements. In addition, any statements that refer to or may imply future financial performance, anticipated growth, and trends in Freshworks businesses, and other characterizations of future events or circumstances are forward-looking statements. All such statements that are not historical facts are based on Freshworks’ current expectations and are subject to a number of risks and uncertainties, and the actual events or results may differ materially. For clarity, unless expressly notified by us to you, Freshworks shall not be responsible for any assumptions that you may have with respect to the Event, Freshworks, or Freshworks User Network based on such assumption, nor do we assume any liability for any decisions that you have made in reliance to your assumptions.

 

By registering and/or by participating to the Event wherever physically or virtually via video conferencing or web conferencing platforms/tools, you acknowledge that certain sessions and/or social functions may be, photographed and/or filmed and/or web streamed (both audio and video), podcasted or otherwise transmitted during any or all of an event and that some of these photos and video recordings can be used for the minutes of Event/meeting, news, promotional purposes, future marketing materials, illustration, information and dissemination activities via Freshworks’ own websites or inclusion on Freshworks’ social media pages which may process personal data according to their own policies. Your image, likeness, voice, statements, and other identifying characteristics or any other legally protected attributes (each, an “Image”) may be captured in photographs, recordings (both audio and video), webcasts, podcasts, or other transmissions of the Event (each, a “Recording”).

 

You hereby grant to Freshworks a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise, create derivative works of, adapt, modify and otherwise use, analyze and exploit Images and/or Recordings, in whole or in part, in any format or media now known or hereafter developed, and for any purpose (including for promotional purposes, such as testimonials).

 

You represent and warrant that if any Image or Recording contains any legally protected attributes, you affirm that (a) you are legally entitled to grant the above licenses and sublicenses as set forth herein; (b) and if your employer(s) or any third party has rights to such legally protected attributes, then you represent that you have received permission on behalf of that employer or a third party and that your employer has waived such rights to Freshworks.

 

Freshworks exclusively own all right, title and interest (including intellectual property rights) in and to the Recordings and Images, its modifications/derivatives, and all proceeds derived therefrom. Freshworks has no obligation to share any such proceeds with you. You hereby irrevocably waive any right you may have to inspect or approve the use or other exploitation of any Recording and/or any reproductions thereof, and you agree that Freshworks has no obligation to use any Recording (including any of your Images) or otherwise exercise any of the rights granted to Freshworks with respect to Images.

 

Your Images may appear in Recordings made available to the public, and third parties may retain, use or distribute such Recordings. Once made available to the public, Freshworks has no control over, and is not responsible for, any use or misuse (including any distribution) by any third party of Recordings.

 

IN CONNECTION WITH THE USE OR OTHER EXPLOITATION OF RECORDINGS (INCLUDING YOUR IMAGES), YOU HEREBY IRREVOCABLY WAIVE AND RELEASE ANY AND ALL CLAIMS WITH RESPECT TO INTELLECTUAL PROPERTY, RIGHTS OF PUBLICITY, RIGHTS OF PRIVACY, AND ANY OTHER CLAIMS OR DAMAGES WITH RESPECT TO SUCH USE OR OTHER EXPLOITATION. YOU AFFIRM THAT YOU ARE OF LEGAL AGE AND HAVE READ THE FOREGOING RELEASE AND FULLY UNDERSTAND ITS CONTENTS.

 

To the maximum extent permitted by law, you (for yourself, your heirs, dependents, personal representatives, assigns, and anyone else who might make a claim on your behalf or as a result of your death or injury) hereby release Freshworks’ and its affiliates, and their respective directors, officers, employees, contractors, representatives, agents, successors, and assigns, from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and costs) that you may have now or in the future associated in any way with the Event or your participation with the Event or with respect to your Recordings/Images.

 

10. Intellectual Property

For the purposes of these Terms, “Intellectual Property Rights” are any and all rights (including without limitation copyright, trademarks, trade names, know-how, design software applications, websites, rights in databases, compilations and designs, moral rights) and prerogatives, registered or not, as well as know-how and trade secrets.

You agree that all elements made available by Freshworks or made available via Freshworks in connection with the Event, including, without limitation, notes, records, studies, reports, brochures, drawings, video recordings, images, or other documents and tangible items including images, texts, comments, graphics, illustrations, logos, icons, Freshworks’s trademark, and products names, are (i) the exclusive property of the Freshworks, and/or of its licensors and (ii) protected by Intellectual Property Rights, whether registered or not. Freshworks reserves all rights not expressly granted under these Freshworks User Network Terms. Except as explicitly authorized by Freshworks in writing, they may not be sold, licensed, rented, modified, used, distributed, copied, reproduced, transmitted, publicly displayed, publicly performed, published, adapted, edited, or translated, in whole or in part by you to any third party. These Freshworks User Network Terms do not grant you any license nor any right to use these elements made available to you except where such use is limited to the purposes of your attendance at the Event.

In the event you decide to share at the Event, notes, records, studies, reports, brochures, drawings, or other documents and tangible items including (or not) Intellectual Property Rights, you are responsible for secure that you have all necessary authorizations to share such material, content and/or information during the Event. You understand and agree that Freshworks is not responsible for any further use and/or disclosure of such material, content, and/or information by any other participant to the Event and/or third-party outside of the Event. You also understand and agree that Freshworks may use such material, content, and/or information for the minutes of the Event in accordance with these Freshworks User Network Terms.

 

Marketing: You agree and understand that you cannot exhibit or hand out marketing material or other printed matter during the Event, unless by seeking the prior consent from Freshworks. Individuals and organisations wishing to display such marketing materials may contact us at fun@freshworks.com.

11. Assumption of Risk

Your attendance of or participation in an Event or any related activities is completely voluntary. Freshworks does not guarantee admittance to all or any part of any Event. Unless specified otherwise by Freshworks, all Events, are seated on a first-come, first-served basis.

You are required to keep your personal belongings (including your computer and/or other devices) with you at all times and we accept no liability for damage to, or loss of, personal belongings. We do not accept any liability for any loss (including, without limitation, theft) occasioned on our premises and/or on any premises of any Event being staged at external venues save for any damages caused directly by our negligence in which circumstances and, to the extent permitted by law, our liability shall be limited to your paid Event fees.

To the extent permitted by law, we, and our affiliated companies as well as any video conferencing or web conferencing platforms’ system provider for the Event and each of its and their respective officers, directors, and other partners and employees, shall not be liable under any circumstances, whether in contract, or otherwise, with respect to the damages suffered in relation with the organization and/or your registration for and/or participation to the event for (a) any indirect, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, loss of data, additional personnel costs or other intangible losses (even if we have been advised of the possibility of such damages), and/or (b) the cost of procurement of substitute services, and/or (c) any matters beyond our reasonable control, including any force majeure event. You hereby expressly waive all claims against any of the aforementioned organisations and/or physical persons for any of the aforementioned damages.

You understand and agree that we expressly disclaim all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. By way of example, you hereby expressly waive all claims against us, against any and all of our affiliated companies as well as against any video conferencing or web conferencing platforms’ system provider for the Event for any of the following, understanding and agreeing that no warranty is made herein that (a) the Event will meet your requirements or expectations; (b) the Event will be uninterrupted, timely, secure, and/or error-free; and/or (c) the results that may be obtained from attending the Event will be accurate or reliable.

In case of your registration for and/or participation in an Event:

•  via video conferencing or web conferencing platforms/tools, you are responsible for securing that you have all authorizations to register for the event, attend the event, and to that effect also have an appropriate Internet connection, equipment, and compatible browser software in order to utilize the video or web conferencing platform/tool and participate to the Event 

• and if you have decided to upload and/or share material, content, data and/or any information, you are responsible for securing that you have all authorizations to upload and/or share such material, content, data and/or information in the frame of the Event; you agree to indemnify us in case of any third party intellectual property rights claim infringement. You acknowledge that we are not responsible nor liable for (i) any further use of such material, content, data, and/or information by any participant and/or by any third party during and/or after the Event and/or (ii) any loss, interception, storage and/or use of such material, content, data and/or information across systems that are not controlled by us where for example the Event is attended via video conference or web conferencing platforms/tools.

Freshworks reserves the right, including without prior notice, to limit the number of Event attendees and participants, to cancel or terminate any Event or participant registration, to bar any person from attending all or any part of any Event, and/or to refuse to provide any person with access to Event materials.

12. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL FRESHWORKS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE Freshworks User Network TERMS OR EVENTS OR FRESHWORKS USER NETWORK, HOWEVER, CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF FRESHWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ANY EVENT, THE TOTAL AGGREGATE LIABILITY OF FRESHWORKS UNDER THESE FRESHWORKS USER NETWORK TERMS FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEEDS THE AMOUNT OF FIFTY US DOLLARS (USD 50.00).

13. Miscellaneous.

13.1 Waiver. The failure by us to enforce any provision of these Freshworks User Network Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

13.2 Severability. If any portion of these Freshworks User Network Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Freshworks User Network Terms, but the rest will remain in full force and effect.

13.3 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under these Freshworks User Network Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication failures, earthquake, storms, pandemic or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

13.4 Assignment; No Third-Party Beneficiaries. You will not assign or otherwise transfer these Freshworks User Network Terms or any of your rights and obligations under these Freshworks User Network Terms, without our prior written consent. Any assignment or transfer in violation of this section will be void. We may assign these Freshworks User Network Terms without your consent (a) in connection with a merger, acquisition, or sale of all or substantially all of our assets or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Freshworks as a party to these Freshworks User Network Terms, and Freshworks is fully released from all of its obligations and duties to perform under these Freshworks User Network Terms. Subject to the foregoing, these Freshworks User Network Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. These Freshworks User Network Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

13.5 Governing Law. The laws of the State of California, without reference to conflict of law rules, govern these Freshworks User Network Terms and any dispute of any sort that might arise between the parties. The United Nations Convention for the International Sale of Goods does not apply to these Terms.

13.6 Dispute. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, will be determined by arbitration in San Francisco, California. The arbitration will be administered by JAMS pursuant to its arbitration rules and procedures. Judgment on the award may be entered in any court having jurisdiction. This section will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

13.7 Modifications to these Terms. We may modify these Terms at any time by posting a revised version on the Freshworks User Network. The modified terms will become effective upon posting. By attending the Event after the effective date of any modifications to these Freshworks User Network Terms, you agree to be bound by the modified terms. It is your responsibility to check the Freshworks User Network regularly for modifications to these Freshworks User Network Terms. We last modified these Freshworks User Network Terms on the date listed at the beginning of these Freshworks User Network Terms.

13.8 Entire Agreement; English Language. These Freshworks User Network Terms are the entire agreement between you and us regarding the subject matter of these Freshworks User Network Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Freshworks User Network Terms. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of these Freshworks User Network Terms (whether or not it would materially alter these Freshworks User Network Terms). If we provide a translation of the English version of these Terms, the English version of these Terms will control if there is any conflict.