Terms of Use

1. Definitions

1.1 "Application" means any SweetHawk application acquired through sweethawk.com/zendesk-apps or zendesk.com/marketplace/partners/sweethawk.

1.2 "Confidential Information" means designated information of a confidential or sensitive nature that a reasonable person would consider confidential.

1.3 "Content" means anything uploaded or transmitted through the Application, including user-generated content.

1.4 "Data Processor" means SweetHawk or any third party processing personal information.

1.5 "Intellectual Property" means all IP rights in technology, trade secrets, user details, software, and inventions belonging to SweetHawk.

1.6 "Membership Data" means information provided to access or use the Application.

1.7 "Third Party" means an entity other than SweetHawk, subsidiaries, or the user.

1.8 "User" means any person purchasing and accessing the Application.

1.9 "You" means a User or any person accessing the Application.

1.10 "Zendesk Website" means www.zendesk.com.

2. Use of the Application

2.1 SweetHawk grants you a non-exclusive, non-transferable licence to use the Application in accordance with these Terms.

2.2 SweetHawk does not endorse third-party content or linked websites and disclaims liability for transmitted content.

2.3 Users acknowledge the Application may be unavailable for maintenance.

2.4 Users must not:

• (a) Create services performing substantially similar functionality;
• (b) Disassemble, decompile, or reverse engineer the Application;
• (c) Sublicense, transfer, distribute, rent, or lease the Application; or
• (d) Adapt, modify, or create derivative works.

3. User Conduct

3.1 By accepting these Terms, users represent they have capacity and will maintain accurate Membership Data.

3.2 Users must not use the Application for illegal, immoral, or unethical purposes.

3.3 Users must not knowingly:

• (a) Interfere with proper functioning;
• (b) Bypass privacy settings; or
• (c) Run mail lists, auto-responders, or spam.

3.4 Users must not transmit Content that is:

• (a) Inaccurate, harmful, obscene, defamatory, or objectionable;
• (b) Exploitative;
• (c) Includes unauthorized personal information disclosure;
• (d) Advertises inappropriately;
• (e) Violates intellectual property rights; or
• (f) Contains viruses or malicious code.

3.5 Users are solely responsible for their Content and activities.

3.6 SweetHawk may restrict, suspend, or disable access for misuse.

4. Your Content

4.1 SweetHawk uses Content only to provide the Application or comply with law.

4.2 SweetHawk will only record and store Content to provide and improve the Application. Specifically:

• (a) Store only requested fields and associated Zendesk tickets; and
• (b) Write only necessary Content to Zendesk.

4.3 SweetHawk may disclose information to satisfy applicable law or government requests.

4.4 SweetHawk will delete Content upon the earlier of:

• (a) When no longer needed; or
• (b) Upon written request.

4.5 Additional information is available in the Privacy Policy.

5. Payment

5.1 Purchase prices are disclosed prior to access.

5.2 All fees are quoted in US Dollars and are exclusive of tax. SweetHawk reserves price-change rights with Notice.

5.3 Payment is required before Application installation.

5.4 Dishonored payments require settlement within seven days or access may be disabled.

5.5 Users acknowledge subscription quantity increases may incur additional fees, payable at SweetHawk's discretion.

6. Confidential Information

6.1 Users must keep Confidential Information confidential and use only as authorized.

6.2 Confidentiality obligations do not apply to information that is:

• (a) Publicly available (except through breach);
• (b) Previously known; or
• (c) Required to be disclosed by law.

7. Intellectual Property Rights

7.1 No provision of these Terms transfers IP rights. Users acknowledge SweetHawk owns all Application IP.

7.2 Express written permission is required to reproduce any aspect of the Application or SweetHawk IP.

8. Termination and Suspension

8.1 These Terms continue until user withdrawal or variation, but SweetHawk may terminate at any time without notice.

8.2 SweetHawk may suspend or terminate Users without notice at its discretion.

8.3 SweetHawk reserves the right to change or discontinue features or the Application at any time.

9. Limitation of Liability

9.1 SweetHawk is not liable for losses arising from Application use.

9.2 Users are liable for losses to third parties from their negligent acts and must indemnify SweetHawk.

9.3 SweetHawk is not liable for:

• (a) Data loss, interruption, or substitute technology costs; or
• (b) Indirect, punitive, consequential, or exemplary damages.

9.4 Liability is limited to total amounts paid by the user.

10. Disclaimer of Warranties

10.1 SweetHawk makes no representations regarding:

• (a) Timely, secure, uninterrupted, or error-free access;
• (b) Zendesk compatibility;
• (c) Defect correction;
• (d) Information accuracy; or
• (e) Freedom from viruses.

11. Assumption of Risk

11.1 Users assume all risks from Application use, including interactions with other Users and damage to systems.

12. Indemnification

12.1 Users indemnify SweetHawk for claims, costs, and losses from Application use or non-compliance with these Terms.

12.2 Users indemnify SweetHawk for loss, damage, or injury caused by them or their agents.

13. General

13.1 These Terms prevail over any inconsistent Application provisions.

13.2 Invalid provisions are severed without affecting remaining provisions.

13.3 These Terms are governed by the laws of Victoria, Australia and subject to the jurisdiction of its courts.

13.4 SweetHawk is not liable for direct or indirect losses from breach or negligence.

13.5 Non-enforcement is not a waiver of any Terms provision.

13.6 Notice is provided via email to Users.

13.7 SweetHawk may amend these Terms at its discretion with reasonable Notice; continued use constitutes acceptance.

13.8 These Terms, the Privacy Policy, and the Data Processing Addendum constitute the entire agreement.

13.9 These Terms are effective as of 12 September 2019.