Hesk Cloud Terms of Service

Effective date: 1 January 2026
Version: 2.0
Operator: StyledWeb d.o.o., Novi trg 10, 8000 Novo mesto, Slovenia ("Hesk", "we", "us", or "our").

These Terms of Service ("Terms") govern access to and use of Hesk Cloud, including the hosted help desk service, related websites, software, tools, documentation, support, and services (the "Service").

By creating an account, purchasing a subscription, clicking to accept these Terms, or using the Service, you agree to these Terms. If you use the Service for an organization, you confirm that you have authority to bind that organization, and "you" means that organization.

1. Consumers and mandatory rights

The Service may be used by both business customers and consumers.

If you are a consumer, nothing in these Terms limits or excludes any mandatory rights you have under applicable consumer law. If any provision of these Terms is not enforceable against a consumer, that provision will apply only to the maximum extent permitted by law and the rest of the Terms will remain in effect.

If you are a business customer, you agree that you are acquiring and using the Service for business, trade, or professional purposes.

2. Changes to these Terms

We may update these Terms from time to time. Changes will be effective when posted, unless we state a later effective date.

For material changes, we will provide notice by email, in-product notice, account notice, website notice, or another reasonable method. Your continued use of the Service after the effective date means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Service before the effective date.

3. Your right to use the Service

Subject to these Terms and payment of applicable fees, Hesk grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Service during your subscription term.

You are responsible for all activity under your account, including activity by your employees, agents, contractors, customers, end users, or anyone else who accesses the Service through your account. You must keep account credentials secure and promptly notify us of any suspected unauthorized access.

4. Your responsibilities

You are responsible for:

1. all tickets, messages, files, attachments, contacts, communications, and other data submitted to or processed through the Service ("Customer Data");
2. the legality, accuracy, quality, and suitability of Customer Data;
3. obtaining all rights, permissions, notices, consents, and lawful bases needed for Hesk to process Customer Data as contemplated by these Terms;
4. your configuration of the Service, including users, permissions, integrations, email settings, forms, and security settings;
5. your use of the Service and any support or other communications you send through it;
6. maintaining independent backups or exports of Customer Data where appropriate; and
7. complying with all laws applicable to your use of the Service, including privacy, data-protection, consumer-protection, employment, intellectual-property, marketing, anti-spam, export-control, sanctions, and data-portability laws.

Hesk does not provide legal, regulatory, compliance, security, or professional advice. You are responsible for deciding whether the Service is suitable for your intended use.

5. Customer Data and personal data

As between you and Hesk, you retain ownership of Customer Data. You grant Hesk and its affiliates, contractors, hosting providers, subprocessors, and service providers the rights needed to host, store, copy, transmit, display, process, secure, support, maintain, and provide the Service; respond to support requests; prevent abuse; investigate security issues; comply with law; and enforce these Terms.

If Hesk processes personal data on your behalf as a processor, the Hesk Cloud Data Processing Agreement ("DPA") forms part of these Terms and is incorporated by reference. You are responsible for ensuring that your instructions to Hesk comply with applicable data-protection laws.

Hesk may process account, billing, payment, security, diagnostic, usage, website, and business-contact data as an independent controller as described in Hesk's Privacy Policy.

6. Data export, switching, and portability

You are responsible for exporting Customer Data that you need to keep. The Service may include export tools or other methods for retrieving Customer Data.

Where the EU Data Act or similar mandatory law applies to the Service, Hesk will comply with applicable switching, porting, retrieval, erasure, information, and assistance obligations. This may include providing reasonable assistance with switching, making available information about available export or switching procedures, and enabling retrieval of exportable data and digital assets in the structured, commonly used, and machine-readable formats that Hesk makes available for the Service.

For customers entitled to switching rights under the EU Data Act, Hesk will not require a notice period to initiate switching that exceeds the maximum period permitted by that law. Where required, Hesk will support a mandatory transition period, retrieval period, and post-retrieval erasure process as required by applicable law. Any cancellation, renewal, termination, or deletion provision in these Terms is subject to mandatory switching rights that apply to you.

Any switching or portability assistance is subject to your reasonable cooperation. You are responsible for selecting and contracting with any destination provider, providing required instructions and access details, validating exported data, importing data into another system, and paying third-party fees.

Hesk is not required to create new technology, create custom migration tools, maintain compatibility with third-party services beyond what is technically feasible, ensure functional equivalence with any third-party service or on-premises system, disclose or transfer Hesk's intellectual property, trade secrets, internal system data, security information, or proprietary technology, compromise the security or integrity of the Service, or provide functionality in another service, except to the extent required by mandatory law.

Where mandatory law requires a switching process, the maximum notice period, transition period, retrieval period, erasure, and any switching charges will be handled as required by that law, including any applicable two-month maximum notice period to initiate switching and any applicable thirty-day transition or retrieval periods. To the extent permitted before 12 January 2027, Hesk may charge lawful, cost-based switching charges for switching assistance. From 12 January 2027, Hesk will not impose switching charges where prohibited by the EU Data Act.

Switching charges are separate from ordinary subscription fees, standard service fees, usage fees, unpaid amounts, taxes, and any lawful early-termination amounts or non-refundable prepaid fees. Unless mandatory law requires otherwise, those amounts remain payable and are not treated as switching charges merely because you request export, switching, porting, retrieval, or termination.

Except where prohibited by mandatory law, Hesk may charge reasonable fees for assistance that goes beyond standard export tools or mandatory switching obligations, including custom migration work, excessive or repeated export requests, or support requests that are not reasonably necessary for a switching process.

Hesk may publish a Data Export and Switching Policy describing available export formats, exportable data categories, excluded internal-system data, switching procedures, technical requirements, timelines, and support channels. Hesk may update that policy from time to time, provided it remains consistent with mandatory law.

7. Sensitive, restricted, and high-risk use

Unless Hesk expressly agrees in writing, you must not submit to the Service payment card data, protected health information, special categories of personal data, criminal-offence data, government identifiers, financial authentication data, passwords or secrets, children's data requiring special protection, or other highly regulated or sensitive data.

The Service is not designed for emergency, life-critical, safety-critical, medical, nuclear, aviation, infrastructure-control, or other high-risk uses where failure could lead to death, personal injury, serious property damage, environmental harm, or other severe consequences. You must not use the Service for such purposes unless Hesk expressly agrees in writing.

If you submit restricted data or use the Service for restricted purposes without written approval, you are responsible for the resulting risks and obligations, and Hesk may delete, quarantine, restrict, or suspend processing of that data or use where appropriate.

8. Acceptable use

You must not use the Service to:

1. violate law or third-party rights;
2. send spam, phishing, malware, unlawful marketing, or unsolicited communications;
3. upload or transmit malicious code or harmful content;
4. interfere with or disrupt the Service or any third-party system;
5. attempt unauthorized access to accounts, systems, networks, code, infrastructure, or data;
6. reverse engineer, decompile, or modify protected parts of the Service, except where mandatory law permits it;
7. circumvent technical, security, billing, usage, or access restrictions;
8. resell, sublicense, rent, lease, or provide service-bureau access to the Service unless Hesk agrees in writing;
9. use the Service to build or improve a competing product; or
10. use the Service in a way that may create legal, security, operational, reputational, or financial risk for Hesk, other customers, or third parties.

Hesk may investigate suspected violations and may suspend or terminate access where appropriate.

9. Service availability, changes, support, and beta features

The Service is provided on an "as available" basis. Unless Hesk expressly agrees to a separate written service-level agreement, Hesk does not guarantee that the Service will be uninterrupted, timely, secure, error-free, virus-free, or available at any particular time or location.

Hesk may update, change, suspend, discontinue, replace, or remove features, plans, integrations, technical requirements, or parts of the Service. Hesk is not liable for any modification, suspension, discontinuation, or unavailability of the Service, except to the extent liability cannot be excluded under applicable law.

Support may be provided by email, ticket system, documentation, or other channels. Unless expressly agreed in writing, support response times and outcomes are not guaranteed.

Features or services identified as beta, preview, experimental, early access, free, or trial features are provided for evaluation only, "as is" and "as available", without warranty, support commitment, availability commitment, or liability to the maximum extent permitted by law. Hesk may modify, limit, or discontinue them at any time.

10. Notice of issues and cooperation

You must notify Hesk promptly after becoming aware of any Service issue, data issue, billing issue, security concern, or other matter that may give rise to a claim, so Hesk has a reasonable opportunity to investigate, mitigate, and resolve it.

If you are a business customer, you must provide notice with reasonable details no later than thirty (30) days after you become aware of the issue, unless a longer period is required by mandatory law. Failure to give timely notice does not shorten any statutory limitation period, but Hesk will not be liable for losses, damages, costs, credits, refunds, or other amounts to the extent they could reasonably have been avoided or reduced by timely notice, cooperation, or mitigation by you.

You must reasonably cooperate with Hesk's investigation and mitigation efforts, including by providing relevant account information, logs, timestamps, screenshots, error messages, affected users, and other information reasonably requested by Hesk.

If you are a consumer, this section applies only to the extent permitted by applicable law and does not limit any mandatory consumer rights.

11. Backups and data loss

The Service is not designed or intended to be your primary backup, archive, disaster-recovery, or records-retention system. You should not rely on the Service as your sole storage location for data you need to preserve.

Hesk may maintain backups for operational, security, and disaster-recovery purposes, but Hesk does not guarantee the integrity, completeness, availability, retention, or restorability of any backup.

You are responsible for maintaining appropriate independent backups, exports, and records of Customer Data.

Hesk may, at its discretion, attempt to assist with data recovery where technically and commercially feasible. Any recovery assistance is provided without guarantee, and does not create any admission of fault or additional liability.

12. Third-party providers and integrations

The Service may depend on or interoperate with third-party hosting providers, infrastructure providers, payment processors, email systems, APIs, applications, and integrations. Hesk is not responsible for third-party services, including their availability, security, changes, failures, acts, omissions, or terms.

You authorize Hesk to use third-party providers as necessary to provide, secure, bill, maintain, and support the Service.

13. Fees, payments, renewals, trials, and refunds

You must pay all fees by the due dates. Fees are exclusive of taxes unless stated otherwise. You are responsible for all applicable taxes, levies, duties, VAT, sales taxes, use taxes, withholding taxes, and similar assessments, except taxes based on Hesk's net income.

Unless stated otherwise at purchase, subscriptions are billed in advance, automatically renew for successive subscription periods, and are non-refundable except as required by law or expressly stated by Hesk. Renewal terms, renewal period, renewal price, and cancellation instructions will be made available at purchase, in your account, or by another reasonable method.

To avoid renewal charges, you must cancel before the renewal date and no later than twenty-four (24) hours before the end of the current subscription period. Cancellation takes effect at the end of the then-current paid subscription period unless Hesk states otherwise or mandatory law requires otherwise. Cancelling on or after the renewal date does not entitle you to a refund for the renewed period unless required by law or expressly agreed by Hesk.

Hesk may change prices, plans, features, or billing terms. Price changes for existing paid subscriptions will apply at renewal or as otherwise stated in the notice.

Hesk may suspend or terminate access for non-payment, failed payment, chargebacks, payment disputes, suspected fraud, or billing irregularities. If you are a business customer, overdue amounts may accrue interest at the statutory late-payment interest rate applicable under Slovenian law, or another lawful rate stated in an applicable order or invoice, together with reasonable collection costs, to the maximum extent permitted by law. If you are a consumer, late-payment interest and costs apply only to the extent permitted by mandatory consumer law.

If Hesk offers a free trial, free plan, promotional plan, or money-back guarantee, it applies only under the conditions stated at the time of offer. Hesk may modify, limit, suspend, or discontinue free trials, free plans, promotions, or guarantees at any time, except where prohibited by law. If a free trial converts to a paid subscription, the conversion terms and payment obligation must be disclosed before you are charged.

Hesk is not required to retain inactive, expired, abandoned, free-trial, or free-plan accounts indefinitely. Hesk may suspend, limit, or delete such accounts and related Customer Data after thirty (30) days of inactivity, expiration, or non-payment, unless law requires otherwise.

Any refunds or credits not expressly required by law or by an applicable money-back guarantee are at Hesk's discretion.

If you are a consumer, any mandatory cancellation, withdrawal, refund, or digital-service rights you have under applicable law remain unaffected.

14. Suspension, termination, and deletion

You may terminate your account or subscription using the cancellation process made available by Hesk. You are responsible for properly cancelling your account and keeping confirmation of cancellation.

Hesk may suspend, restrict, or terminate your access to the Service, with or without notice, if Hesk reasonably believes that:

1. you breached these Terms, including Sections 4, 5, 7, or 8;
2. fees are unpaid;
3. your account or credentials may be compromised;
4. your use creates risk for Hesk, the Service, other customers, or third parties;
5. your use affects the security, availability, performance, or integrity of the Service;
6. suspension or termination is required by law, court order, government request, payment processor, infrastructure provider, or other provider;
7. you use the Service for spam, phishing, malware, unlawful, abusive, or prohibited activity; or
8. Hesk discontinues the Service or the relevant plan.

Hesk will not be liable for good-faith suspension or termination, except to the extent liability cannot be excluded under applicable law.

After termination or expiration, your right to use the Service ends. Subject to Section 6 and mandatory law, Hesk will delete Customer Data from active systems after thirty (30) days unless retention is required or permitted for legal, security, backup, fraud-prevention, dispute-resolution, tax, accounting, or legitimate business-record purposes. Backup copies may remain until overwritten or deleted in the ordinary backup cycle.

You are responsible for exporting Customer Data before termination or expiration.

15. Intellectual property and feedback

Hesk and its licensors retain all rights in the Service, software, websites, documentation, technology, designs, trademarks, logos, know-how, code, APIs, and other Hesk materials.

You may not copy, modify, distribute, sell, lease, sublicense, or exploit the Service except as permitted by these Terms.

If you provide suggestions, ideas, or feedback, Hesk may use them without restriction, attribution, or compensation.

Hesk may use aggregated, anonymized, statistical, diagnostic, telemetry, and usage data to operate, secure, analyze, and improve the Service, provided it does not identify you or any individual.

16. Confidentiality

Each party may receive non-public information from the other in connection with the Service. Each party will use reasonable care to protect the other's confidential information and will use it only for purposes related to these Terms.

Hesk may disclose Customer Data and other confidential information to its personnel, affiliates, contractors, hosting providers, subprocessors, payment processors, professional advisers, and service providers where needed to provide, secure, maintain, bill, support, or improve the Service, or where required for legal, security, abuse-prevention, dispute-resolution, or compliance purposes.

17. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise.

To the maximum extent permitted by applicable law, Hesk disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, and any warranties arising from course of dealing or usage of trade.

Hesk does not warrant that the Service will meet your requirements, that errors will be corrected, that Customer Data will be preserved or recoverable, or that the Service will comply with laws or regulations applicable to you.

Nothing in these Terms excludes warranties or rights that cannot be excluded under applicable law, including mandatory consumer rights.

18. Limitation of liability

To the maximum extent permitted by applicable law, Hesk and its affiliates, directors, officers, employees, contractors, licensors, hosting providers, subprocessors, payment processors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or cover damages; loss of profits; loss of revenue; loss of business; loss of goodwill; loss of use; business interruption; loss, corruption, deletion, or unavailability of data; cost of substitute services; or third-party claims, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Hesk's total aggregate liability for all claims arising out of or relating to the Service, these Terms, Customer Data, support, suspension, termination, or any related matter will not exceed the amount you paid to Hesk for the Service during the twelve (12) months immediately before the event giving rise to the claim.

These limits apply to all claims and legal theories, including contract, tort, negligence, strict liability, warranty, statute, and otherwise, even if a remedy fails of its essential purpose.

Nothing in these Terms excludes or limits liability to the extent liability cannot be excluded or limited under applicable law, including liability for fraud, intentional misconduct, gross negligence, death or personal injury caused by negligence, or mandatory consumer rights.

19. Indemnity

If you are a business customer, you will defend, indemnify, and hold harmless Hesk and its affiliates, directors, officers, employees, contractors, licensors, hosting providers, subprocessors, payment processors, and service providers from and against claims, losses, liabilities, damages, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

1. Customer Data;
2. your use of the Service;
3. your breach of these Terms, including Sections 4, 5, 7, or 8;
4. your violation of law or third-party rights;
5. claims by your customers, end users, employees, contractors, agents, or ticket submitters;
6. your failure to provide required notices, consents, rights, or lawful bases;
7. restricted data submitted by you;
8. spam, unlawful marketing, phishing, malware, or abusive communications; or
9. unauthorized access resulting from your credentials, systems, users, integrations, or security practices.

If you are a consumer, this section applies only to the extent permitted by applicable law.

20. Force majeure

Hesk is not liable for delay, failure, interruption, loss, or damage caused by events beyond Hesk's reasonable control, including natural disasters, war, terrorism, civil unrest, labour disputes, epidemics, pandemics, government actions, power failures, internet or telecommunications failures, hosting-provider failures, supplier failures, payment-processor issues, cyberattacks, denial-of-service attacks, sanctions, or legal restrictions.

21. Governing law and disputes

These Terms are governed by the laws of the Republic of Slovenia, excluding conflict-of-law rules.

The parties will first try to resolve disputes through direct discussions. Either party may seek urgent injunctive or protective relief where necessary.

If you are a business customer, the courts of the Republic of Slovenia have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service, unless mandatory law provides otherwise.

If you are a consumer, this governing-law and jurisdiction section does not limit any mandatory rights you may have to rely on the law or courts of your country of residence.

To the maximum extent permitted by applicable law, the prevailing party in a dispute may recover reasonable attorneys' fees and costs.

22. Miscellaneous

You may not assign or transfer these Terms without Hesk's prior written consent. Hesk may assign or transfer these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, financing, transfer to an affiliate, or change of control.

If any provision is invalid or unenforceable, the remaining provisions remain in effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent.

Failure to enforce a provision is not a waiver. These Terms, together with incorporated documents and applicable orders or invoices, are the entire agreement between you and Hesk regarding the Service. You agree that you are not relying on any statement, promise, warranty, or representation not expressly stated in these Terms or an applicable order, including statements on Hesk's website, in marketing materials, in documentation, or by support personnel, except to the extent mandatory law provides otherwise.

These Terms are drafted in English. If Hesk provides a translation, the English version controls in the event of conflict or inconsistency, except to the extent mandatory law gives you the right to rely on another language version.

Sections that by their nature should survive termination will survive, including sections on fees, Customer Data, data export and deletion, backups, intellectual property, confidentiality, disclaimers, limitation of liability, indemnity, governing law, disputes, and miscellaneous terms.