These Terms of Use govern the use of the XyloSnap application (the "App"), developed and provided by Clear Solutions BV ("we", "us", "our", the "Developer"), with registered office at Bosdreef 8, 2910 Essen, Belgium, registered in the Belgian Crossroads Bank for Enterprises under number 0668.982.670.
By installing, activating or using the App — whether via your Freshdesk or Freshworks environment — you ("you", the "User") agree to these terms. If you act on behalf of a legal entity, you represent that you are authorised to bind that entity.
01Acceptance
By installing, activating or using the App, you confirm that you have read, understood and accepted these Terms of Use and that you are bound by them. If you do not agree with (any part of) these terms, you must cease using the App.
We reserve the right to amend these terms from time to time. Material amendments will be communicated to you via email or via in-app notice at least thirty (30) days in advance. Continued use of the App after the amendments take effect constitutes acceptance.
02Subject matter and scope
The Developer makes available an application functionality integrated with Freshdesk. These terms apply to any use of the App, whether in a free-trial, paying or maintenance context.
03Definitions
- "App" means the software application developed and provided by the Developer, integrated with Freshdesk or Freshworks services.
- "User" means any natural or legal person using the App.
- "Platform" means Freshdesk, Freshworks and any related infrastructure.
04Licence grant
The Developer grants you a limited, non-exclusive, non-transferable and revocable licence to use the App, solely in conjunction with the Platform and in accordance with this agreement.
The App is licensed, not sold.
05Platform dependency
The App operates in conjunction with third-party platforms, including Freshworks and related services.
The Developer does not control and is not responsible for the availability, security, functionality or performance of third-party platforms.
The Developer shall not be liable for service interruptions, data loss or damages caused by third-party platforms.
06No warranty
The App is provided "as is" and "as available".
The Developer makes no warranties, express or implied, including but not limited to fitness for a particular purpose, availability, accuracy or reliability.
The Developer does not guarantee that the App will operate without interruption or error.
07Limitation of liability
To the maximum extent permitted by law, the Developer shall not be liable for any indirect, incidental, consequential, special or punitive damages.
The Developer's total aggregate liability shall not exceed the total fees paid by the User for the App in the twelve (12) months preceding the event.
The Developer shall not be liable for damages resulting from third-party services, unauthorised access, cyber incidents or misuse by the User.
08User responsibilities
The User is responsible for configuring and using the App appropriately.
The User shall ensure compliance with applicable laws, including data-protection laws.
The User is responsible for decisions made based on the App's output.
09Indemnification by the user
The User shall indemnify, defend and hold harmless the Developer against any claims, damages, losses, liabilities, costs and expenses (including legal fees) arising out of or relating to:
- the User's use or misuse of the App;
- User data processed through the App;
- the User's violation of applicable law;
- any claim brought by Freshworks or other platform providers arising from the User's acts or omissions.
This indemnification expressly includes any amounts the Developer must pay to Freshworks or other third-party platforms pursuant to its contractual obligations.
The Developer shall have no liability for claims arising from:
- modifications not made by the Developer;
- combination with third-party products;
- use contrary to the documentation.
10Availability and support
The Developer does not guarantee uninterrupted availability.
Support is provided on a reasonable-efforts basis unless otherwise agreed in writing.
11Data protection
The Developer processes data solely to provide the functionality of the App.
The User remains the data controller for all personal data processed through the App.
The Developer acts as a data processor where applicable.
The Developer implements reasonable technical and organisational measures, but does not guarantee absolute security; the User remains responsible for its own internal security, access control and compliance obligations.
The full data processing agreement per Article 28 GDPR is set out in a separate document: see our Data Processing Agreement (DPA). For a full account of our data processing, please also see our Privacy Policy.
12Intellectual property
All intellectual property rights in the App remain the exclusive property of the Developer. The User shall not copy, decompile, reverse engineer or modify the App.
13Severability
If any provision of this agreement becomes illegal, invalid or unenforceable, this shall not affect the legality, validity or enforceability of any other provision. Any such illegal, invalid or unenforceable provision shall, to the extent permitted by law, be replaced in good faith by a provision that best reflects the purpose and content of the illegal, invalid or unenforceable provision.
14Termination
The Developer may suspend or terminate access at any time where required by platform providers, by law, or for security reasons.
Upon termination, the User must cease using the App.
The following clauses survive termination: Limitation of Liability, Indemnification, Intellectual Property and Governing Law.
15Entire agreement
This agreement and its annexes constitute the entire and sole agreement between the parties with respect to the subject matter of this agreement, and fully supersede all prior oral or written proposals, representations, agreements, commitments, presentations, calculation models, understandings or communications relating to the subject matter of this agreement.
In the event of any conflict between documents that form part of the agreement, the conflict shall be resolved in the following order of priority — with the document higher in the list prevailing, unless expressly agreed otherwise:
- These Terms of Use;
- The Data Processing Agreement (DPA) and its Annexes I, II and III;
- Any order forms, quotes or particular conditions signed by both parties;
- The Privacy Policy.
16Governing law
This agreement is governed by and construed in accordance with Belgian law.
All disputes fall under the exclusive jurisdiction of the courts of Antwerp.
17DPA & sub-processors
The full Article 28 GDPR data processing agreement and the current list of sub-processors are set out in a separate, formal document based on the European Commission's Standard Contractual Clauses (Decision 2021/915):
- Data Processing Agreement (DPA) — containing:
- Annex I — Specifications of the processing (parties, data subjects, data categories, purposes, duration)
- Annex II — Technical and organisational measures (Art. 32 GDPR)
- Annex III — List of sub-processors (AWS, iDenfy, Twilio, Brevo, Stripe, Sentry and Freshworks)
This DPA forms an integral part of these Terms of Use and is binding on both parties from the moment these terms are accepted.
18Contact
For questions about these Terms of Use or to exercise your rights regarding data processing, please contact us using the details below:
- Legal affairs
- legal@xylosnap.com
- Privacy & data protection
- privacy@xylosnap.com
- Registered office
- Clear Solutions BV
Bosdreef 8, 2910 Essen
Belgium - Company number (CBE)
- 0668.982.670
Questions about these terms?
Contact us at legal@xylosnap.com or via our contact page. We reply within one working day.