1. Introduction
These Terms of Use (“Terms”) govern the use of the ClickHelp documentation platform (the “Service”) provided by ClickHelp AM LLC (“Vendor”). By accessing or using the Service, you (“Client”) agree to be bound by these Terms.
These Terms apply to your use of the ClickHelp documentation platform and all related websites operated by Vendor, including clickhelp.com, clickhelp.co, and their respective subdomains (collectively, the “Site”). By accessing or using the Site or the Service, you agree to be bound by these Terms.
The Site may include informational pages, downloadable content, forms, demo requests, blog articles, marketing pages, and other features. All such use is governed by these Terms and the Privacy and Cookie Policies referenced herein.
2. Service Overview
The Service is a cloud-based platform for creating, managing, and publishing online documentation, knowledge bases, API documentation, and downloadable documentation assets. Access to the Service is provided via designated URLs. Each user is assigned login credentials that must not be shared. The Service is intended for use by business entities only. Individuals acting on behalf of a legal entity must have the authority to bind that entity to these Terms.
3. Account and Access
Clients are responsible for securing login credentials and maintaining the confidentiality of account access. Vendor reserves the right to access accounts for technical support or security reasons.
4. AI Features and AI Points
Certain features, including AI-powered tools, may require consumption of ClickHelp AI Points (“CAPs”). Subscriptions may include a monthly CAPs limit, depending on the plan or add-on selected by the Client. CAPs are reset at the beginning of each subscription month and cannot be accumulated or carried over.
The number of CAPs used per operation is determined by Vendor and may be adjusted without changing the subscription fee. Updated CAP rates will be published on the website at https://clickhelp.com/legal/ai-caps-rates/ or within the Service, and may be updated from time to time at Vendor’s discretion.
CAPs have no monetary value, are non-refundable, non-transferable, and expire at the end of each monthly CAPs period.
5. Beta Services
Vendor may offer certain features as beta services (“Beta Services”). These are provided “as is,” may be modified, suspended, or discontinued at any time, including for business, legal, or technical reasons, and are not subject to support or availability guarantees. Use of Beta Services is at the Client’s sole risk.
6. Subscription, Fees, and Payment
Subscription fees are payable in advance. Subscription terms and billing cycles (monthly, annual, semi-annual, or other) are selected at the time of purchase and confirmed in the ordering process.
Subscriptions automatically renew unless cancelled at least 48 hours prior to the renewal date. Payments are processed via Vendor’s eCommerce partner.
ClickHelp provides a 30-day money-back guarantee from the date of initial purchase. No other refunds or credits are provided for unused time or downgrades after this period.
7. Support and Service Levels
Vendor will use commercially reasonable efforts to ensure 99.5% uptime, excluding maintenance periods. Support is provided via email, with standard responses within 24 hours on business days. Critical issues are addressed 24/7.
Vendor shall not materially degrade the core functionality of the Service during an active subscription term.
8. Client Content and Responsibilities
Client retains ownership of all content uploaded to the Service (“Client Content”). Vendor does not acquire any rights to use, distribute, or disclose Client Content, except as required to operate and support the Service.
Client is responsible for securing all necessary licenses and complying with applicable laws regarding content. Vendor agrees to maintain the confidentiality of Client Content in accordance with Section 11.
9. Privacy and Data Protection
Vendor processes personal data in accordance with its Privacy Policy, Cookie Policy, and the Data Processing Addendum (DPA). Vendor complies with GDPR, UK GDPR, CCPA, and other applicable data protection laws. Use of the Service constitutes acceptance of these terms.
Vendor shall provide security certifications (e.g., SOC 2, ISO 27001) upon request, if available from Vendor’s infrastructure providers.
10. Data Transmission and Retention
Data is transmitted via SSL encryption. Clients using custom domains are responsible for SSL certificates. Data is retained during the subscription term and for 90 days post-termination. After this period, all data is permanently deleted.
11. Confidentiality
Each party agrees to protect the confidential information of the other with reasonable care. Confidential information includes Client Content and any non-public information disclosed in connection with the Service. Confidential information does not include public or independently developed information.
12. Third-Party Claims and IP Indemnification
Vendor shall, at its discretion, defend or settle IP infringement claims related to the Service. Remedies may include modification, replacement, or termination with refund of prepaid fees. Vendor’s liability is limited as set forth herein. Vendor maintains cybersecurity insurance to cover certain risks.
13. Reference to Client Relationship
Vendor may reference the existence of a commercial relationship with Client in sales and marketing materials unless otherwise prohibited by written request. No logos or trademarks will be used without explicit permission.
14. Export Compliance
Client agrees to comply with applicable export laws and regulations.
15. Limitation of Liability
Neither party shall be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, business interruption, or reputational harm, even if advised of the possibility of such damages. Direct damages are limited to the fees paid by Client in the 12 months preceding the claim.
16. Termination
Client may terminate the Service at any time. Vendor may terminate access for breach or unlawful use. No refunds are provided for prepaid but unused time in either case, except as otherwise expressly stated in Section 6.
17. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of Armenia. Any disputes arising under or in connection with these Terms shall be finally settled by arbitration in Yerevan, Republic of Armenia, in accordance with the rules of the Armenian Chamber of Commerce and Industry. The arbitration proceedings shall be conducted in English, to the extent permitted by applicable law.
