Terms of Service

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These Terms of Service ("Terms") govern your access to and use of HelpGhost (the "Service"), an AI-powered platform designed to assist Managed Service Providers ("MSPs") and technical support teams with ticket triage, knowledge retrieval, automated responses, and related workflows. The Service is provided by HelpGhost ("HelpGhost," "we," "us," or "our").

By creating an account, accessing, or using the Service, you ("you," "Customer") agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

1. Accounts & Eligibility

To use the Service, you must register an account and provide accurate, current, and complete information. You are responsible for all activity that occurs under your account and for safeguarding your credentials. You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. HelpGhost is intended for business use by MSPs, IT departments, and technical support organizations; it is not intended for consumer use.

You agree to notify us promptly of any unauthorized access to your account. We may suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.

2. Subscription, Fees & Billing

Access to the Service is provided on a subscription basis according to the plan you select. Fees, billing frequency, and included usage limits are described on our pricing page or in an applicable order form. Unless stated otherwise, all fees are quoted in U.S. dollars and are exclusive of taxes, which you are responsible for paying.

Subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date. Fees are non-refundable except where required by law. We may change pricing upon reasonable notice, with changes taking effect at the start of your next billing cycle. Overages on usage-based components (such as AI tokens, API calls, or seats) may be billed in arrears.

3. Acceptable Use

You agree not to, and not to permit any end user to:

Use the Service in violation of any applicable law, regulation, or third-party right.
Reverse engineer, decompile, or attempt to extract the underlying models, source code, or training data of the Service, except to the extent such restrictions are prohibited by law.
Use the Service to develop a competing product, to train a competing AI model, or to benchmark the Service without our prior written consent.
Upload or transmit malware, exploit code, or any content intended to damage or gain unauthorized access to systems.
Use the Service to generate or disseminate content that is unlawful, harassing, defamatory, or that infringes intellectual property rights.
Circumvent rate limits, usage quotas, access controls, or security features.
Resell, sublicense, or provide the Service to third parties except to your own end users and the clients you support as part of your MSP or internal IT operations.

You are responsible for the acts and omissions of any users you authorize to access the Service under your account, including technicians, contractors, and end clients.

4. Customer Data

"Customer Data" means the tickets, knowledge base content, logs, configurations, prompts, and other data you or your end users submit to the Service. As between you and HelpGhost, you retain all right, title, and interest in and to Customer Data.

You grant HelpGhost a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Data solely as necessary to provide and maintain the Service, ensure security, prevent abuse, and comply with legal obligations. We will not use Customer Data to train foundation models for use by third parties unless you explicitly opt in.

You represent that you have all necessary rights and consents to submit Customer Data to the Service and that doing so does not violate any law or third-party right. You are responsible for the accuracy, legality, and appropriateness of Customer Data, and for maintaining appropriate backups of any data you cannot afford to lose.

5. AI-Generated Output

The Service uses artificial intelligence, including large language models, to generate responses, summaries, suggested actions, and other output ("Output"). Output is generated probabilistically and may be inaccurate, incomplete, or inappropriate for a given situation. You are responsible for reviewing Output before relying on it, especially in customer-facing communications, security-sensitive contexts, or situations affecting system availability.

HelpGhost does not guarantee that Output will be fit for any particular purpose, free of errors, or non-infringing. The Service is a tool to assist human technicians and is not a replacement for qualified professional judgment. You should not use Output as the sole basis for decisions involving safety, security, compliance, or legal matters.

Subject to your compliance with these Terms, HelpGhost assigns to you its rights, if any, in Output generated specifically for you in response to your prompts. Because AI models may generate similar Output for different users, we cannot guarantee exclusivity in Output.

6. Intellectual Property

HelpGhost and its licensors own all right, title, and interest in and to the Service, including all software, models, documentation, branding, and related intellectual property. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription term solely for your internal business purposes and the provision of services to your clients.

You may provide feedback, suggestions, or ideas about the Service ("Feedback"). You grant HelpGhost a perpetual, irrevocable, royalty-free license to use Feedback for any purpose without obligation to you.

7. Third-Party Integrations

The Service may integrate with third-party products, including PSA and RMM platforms, ticketing systems, communication tools, and identity providers. Your use of third-party services is governed by the applicable third-party terms, and HelpGhost is not responsible for the availability, accuracy, or conduct of third-party services. Enabling an integration authorizes HelpGhost to exchange data with that third party as reasonably necessary for the integration to function.

8. Confidentiality

Each party may receive confidential information from the other. The receiving party will protect such information using the same degree of care it uses to protect its own confidential information, and at minimum a reasonable degree of care. Confidential information may be used only to perform obligations or exercise rights under these Terms and may be disclosed only to personnel with a need to know who are bound by confidentiality obligations. These obligations do not apply to information that is public through no fault of the receiving party, independently developed, or required to be disclosed by law.

9. Warranty Disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. HELPGHOST DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF OUTPUT. HELPGHOST DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO HELPGHOST FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

These limitations apply regardless of the theory of liability and will apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

11. Indemnification

You will defend, indemnify, and hold harmless HelpGhost and its affiliates, officers, employees, and agents from and against any third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Data; (b) your use of the Service in violation of these Terms or applicable law; or (c) your acts or omissions in providing services to your clients using the Service.

12. Term & Termination

These Terms remain in effect for as long as you have an active account or subscription. Either party may terminate for material breach if the breach is not cured within thirty (30) days of written notice. We may suspend or terminate the Service immediately if we reasonably believe your use poses a security risk, violates law, or exposes us to liability.

Upon termination, your right to access the Service ends. We will make Customer Data available for export for a limited period as described in our documentation, after which we may delete it. Sections that by their nature should survive termination (including intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law) will survive.

13. Governing Law & Disputes

These Terms are governed by the laws of the State of Idaho, United States, without regard to conflict of laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Idaho for any dispute not subject to arbitration. Where permitted by law, any dispute will be resolved by binding arbitration on an individual basis; class actions and class arbitrations are not permitted.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email or through the Service at least thirty (30) days before taking effect, except where changes are required immediately for legal or security reasons. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Contact

Questions about these Terms can be directed to:

HelpGhost

‍Email: info@helpghost.io

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