Agreement
By accessing or using ClinchDesk, you agree to be bound by these terms. If you are using the service on behalf of an organization (the "Customer"), you represent that you have the legal authority to bind that entity to these terms. If you do not agree, you must not use the service.
Use of Service & Acceptable Use
- Access: You are responsible for maintaining the confidentiality of your login credentials. You are responsible for all activities that occur under your account.
- Restrictions: You agree not to:
- Reverse engineer, decompile, or attempt to extract the source code of the platform.
- Use the service to store or transmit malicious code, viruses, or "spam."
- Interfere with the integrity or performance of the service for other users.
- Compliance: You must comply with all local, state, and international laws, including data privacy laws relevant to your customers' locations.
AI and Machine Learning
ClinchDesk utilizes proprietary and third-party AI models (our "AI Agent") to enhance support efficiency.
- Input Data: You grant ClinchDesk the right to process your data through these models to generate support responses and summaries.
- Output Responsibility: While our AI is designed for high accuracy, AI-generated outputs should be reviewed for accuracy before being finalized in critical customer interactions.
- No Model Training: We do not use your proprietary or sensitive data to train "global" AI models for other customers without your explicit, written consent.
Data Ownership & Privacy
- Your Data: You retain 100% ownership of all content, files, and messages uploaded to ClinchDesk.
- Our License: You grant us a limited license to host, back up, and process your data solely to provide the service to you.
- Aggregated Data: We may use de-identified, anonymized data (e.g., "average response time across all users") to improve our algorithms and publish industry benchmarks.
- Data Processing: Our Data Processing Addendum (DPA) is incorporated by reference for customers subject to GDPR, CCPA, or other privacy frameworks.
Subscriptions, Billing, & Taxes
- Automatic Renewal: Subscription plans renew automatically at the end of each term (monthly/annually) unless canceled at least 30 days prior.
- Fair Billing: Upgrades are prorated immediately. Downgrades take effect at the start of the next billing cycle; no partial refunds are provided for mid-cycle downgrades.
- Taxes: Fees are exclusive of taxes. You are responsible for any applicable sales, use, or VAT taxes.
Service Availability & Support
- Uptime Goal: We strive for a 99.9% uptime (excluding planned maintenance).
- Maintenance: We provide at least 48 hours' notice for planned maintenance that may result in service downtime, usually scheduled during low-usage hours.
- Support: Support is provided via the ClinchDesk platform according to the tier of your plan.
Security & Compliance
- Standards: We maintain administrative, physical, and technical safeguards (including SSO, Tenant Isolation, and Encryption-at-rest) consistent with industry standards (SOC2/ISO27001).
- Breach Notification: In the event of a confirmed security breach, we will notify affected organization owners without undue delay.
- Vulnerability Reporting: Please report any security concerns to security@clinchdesk.com.
Limitation of Liability & Indemnification
- No Indirect Damages: To the maximum extent permitted by law, DataClinch shall not be liable for any indirect, incidental, or consequential damages (loss of profits, data, or goodwill).
- Liability Cap: Our total liability for any claim arising out of these terms shall not exceed the amount paid by you to us during the 12 months prior to the incident.
- Indemnification: You agree to indemnify DataClinch against claims arising from your violation of third-party rights or illegal content sent through the platform.
Termination
- By You: You may cancel your account at any time via the admin dashboard.
- By Us: We reserve the right to suspend or terminate access for non-payment or material breach of these terms.
- Data Export: Upon termination, you have 30 days to export your organization’s data before it is permanently deleted from our active servers.
Governing Law
These terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
Changes to Terms
We may update these terms as our product evolves. If changes are material, we will notify you via email or a dashboard notification. Continued use of ClinchDesk after the effective date constitutes acceptance of the new terms.
Contact
Legal Inquiries: legal@clinchdesk.com General Questions: support@clinchdesk.com Website: myclinchdesk.com