·Website Terms of Use

·Freshworks Inc. and its affiliates ("Freshworks" or "we" or "us" or "our") provide www.freshworks.com as well as the other websites we operate (collectively, the "Websites") to you subject to these Website Terms of Use ("Terms"), which may be updated by us from time to time pursuant to Section 1 herein. By accessing and using the Websites, you accept and agree to be bound by these Terms, our Privacy Notice, and our Cookie Policy. If you do not agree to these Terms, you should not access or use the Websites. In addition, when accessing the Websites you shall be subject to any posted guidelines or rules applicable to the Websites, including, without limitation, the Acceptable Use Policy, the Refresh Community Terms of Use, and the Developer Community Terms of Use, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.

·These Terms do not apply to your access to and use of the products and services which we market for subscription on our Websites (our "Services"). The practices and policies, including how we protect, collect, and use electronic data, text, messages, communications or other materials submitted to and stored within the Services by You are detailed in and governed by our Terms of Service, or such other applicable agreement between you Freshworks relating to your access to and use of such Services.

11. Changes to Terms. These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Websites after such posting will be deemed to constitute acceptance by you of such modifications, additions, or deletions.

22. Changes to Websites. We may change or discontinue any aspect, service, or feature of the Websites at any time, including, but not limited to, content, availability, and equipment needed for access or use.

33. Registration. You may be given the opportunity to register via an online registration form and to participate in Interactive Areas (as defined below), such as forums and other community features, and to create a user account with a username and password (or other means of authentication) ("Credentials") that may allow you to receive information from us and/or to participate in certain features on the Websites. We will use the information you provide in accordance with the Privacy Notice. By registering you represent and warrant that all information that you provide is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your information on the Websites so that it remains current, complete, and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware, and other equipment needed for access to and use of the Websites and all charges related to the same. You will be responsible for the confidentiality and use of your Credentials and agree not to transfer or resell your use of or access to the Websites to any third party. You agree to notify Freshworks immediately of any unauthorized use of your Credentials or any other breach of security. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR CREDENTIALS AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

44. User Content Guidelines. The following terms apply to content submitted by you:

4.14.1 The Websites may contain comments sections, discussion forums, or other interactive features ("Interactive Areas") in which you may post or upload user-generated content, comments, video, photos, messages, and other materials (collectively, "User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on the Websites.

4.24.2 By submitting any User Content or participating in an Interactive Area within or in connection with the Websites, you agree that you will not upload, post or otherwise transmit any User Content that violates the Acceptable Use Policy or is protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity, or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity, or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity, or other proprietary rights or any other harm resulting from such a submission. Any person determined by Freshworks, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites.

4.34.3 You agree not to represent or suggest, directly or indirectly, the Freshwork's endorsement of User Content.

4.44.4 Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Websites will not be permitted. We reserve the right, in our sole discretion, to remove or edit User Content submitted by you.

4.54.5 You acknowledge and agree that we are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Websites. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.

4.64.6 We have the right, but not the obligation, to monitor User Content posted or uploaded to the Websites to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation, or authorized government request. Although we have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Websites, we reserve the right, and have absolute discretion, to screen, edit, refuse to pos,t or remove without notice any User Content posted or uploaded to the Websites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Websites at your sole cost and expense. The decision by Freshworks to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from your use of Interactive Areas on the Websites.

4.74.7 By submitting User Content to the Websites, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense (through multiple tiers) and otherwise exploit such User Content (in whole or in part) in any form, media, or technology now known or hereafter developed, without payment to you or to any third parties. Additionally, to the fullest extent permitted under applicable law, you waive your moral rights in the User Content and agree not to assert such rights against us. You represent and warrant to us that you have the full legal right, power and authority to grant to us the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant to us the right, but not the obligation, to pursue at law any person or entity that violates your or our rights in the User Content by a breach of these Terms.

55. Intellectual Property Rights. You acknowledge that all text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software, and computer code (collectively, "Content"), including but not limited to the "look and feel", layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Websites is owned by or licensed to us and that such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.

·Except with our express prior written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Websites or Content (in whole or in part) in any way or through any medium for distribution, publication, or any commercial purpose.

66. Disclaimer of Warranty; Limitation of Liability.

·(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. NEITHER FRESHWORKS NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS WARRANT THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES.

·(B) THE WEBSITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.

·(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL FRESHWORKS BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF FRESHWORKS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE . WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT FRESHWORKS IS NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.

·IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

·(D) We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Websites, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use the Websites.

77. Indemnification. You agree to defend, indemnify and hold harmless Freshworks and its respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Websites by you. Freshworks reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Freshworks with such cooperation as is reasonably requested by Freshworks

88. Termination; Survival. We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Websites in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. The provisions of Sections 1, 2, and 5-12 survive termination of these Terms.

99. Governing Law; Venue. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Websites, and/or the provision of content, services, and/or technology on or through the Websites shall be governed by and construed exclusively in accordance with the laws and decisions of the State of California applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions. If a lawsuit or court proceeding is permitted under these Terms, then you and Freshworks agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California for the purpose of litigating any dispute.

1010. Dispute Resolution and Arbitration.

10.110.1 Generally. In the interest of resolving disputes between you and Freshworks in the most expedient and cost-effective manner, you and Freshworks agree that, unless prohibited by law, every dispute arising in connection with these Terms will be resolved by binding arbitration. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FRESHWORKS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

10.210.2 Exceptions. Notwithstanding the foregoing, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

10.310.3 Arbitration Rules. If you are based in the United States, any arbitration between you and Freshworks will be governed by the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association and will be held in San Francisco, California. Otherwise, any arbitration between you and Freshworks will be governed by the Rules of Arbitration of the International Chamber of Commerce and will be held in the English language in London, United Kingdom.

10.410.4 No Class Actions. YOU AND FRESHWORKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Freshworks agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

10.510.5 Enforceability. If this Section is found to be unenforceable, the parties agree that the exclusive jurisdiction and venue described herein will govern any action arising out of or related to these Terms.

1111. Copyrights and Copyright Agent. We respect others' intellectual property rights and expect users and customers to do the same. If you believe that your work has been copied on the Websites in a way that constitutes copyright or trademark infringement, please follow the procedures outlined in the Policy on Reporting Copyright Infringements or Policy on Reporting Trademark Infringements, as applicable. We reserve the right to terminate access to the Websites for users or customers who post material that infringes the intellectual property rights of others.

1212. Miscellaneous. These Terms and any operating rules for the Websites established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of Freshworks and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.

·These Terms were last updated on January 14, 2023.

·Freshworks Event Attendance Agreement

·June 27, 2023

·THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN YOU AND FRESHWORKS AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW WHICH GOVERN YOUR REGISTRATION, PARTICIPATION, AND ATTENDANCE AT THE FRESHWORKS EVENT (WHETHER VIRTUAL OR IN-PERSON) FOR WHICH YOU ARE REGISTERING ("EVENT"). IF YOU ARE REGISTERING AS AN EMPLOYEE, AGENT, OR CONTRACTOR OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO SIGN FOR AND BIND SUCH ENTITY IN ORDER TO ACCEPT THE TERMS OF THIS AGREEMENT AND THE RIGHTS GRANTED UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL.

11. DEFINITIONS

·"Freshworks" means Freshworks Inc. and its affiliates.

·"Attendee" means an individual registered for or attending the Event.

·"Badge" means, if applicable, the badge provided to you at the Event check-in, which will designate your access to the Event (and venue area, if applicable).

·"Partner" means any Freshworks affiliate, Event sponsor, or customer.

·"Registration Site" means a Freshworks-authorized or Freshworks-designated website or paper form (for in-person or mailed registrations) through which prospective Attendees submit the Required Registration Information.

·"Required Registration Information" means the information you provide on the Registration Site when registering for the Event. This information may include personal information such as first name, last name, picture, company, address, job title, email address, and phone number.

·"Terms" refers to these terms and conditions and Freshworks' Privacy Notice set out at www.freshworks.com/privacy ("Privacy Notice").

·"You" or "your" means you, the individual accepting these Terms, and/or if applicable the company or other legal entity for which you are accepting these Terms.

22. THE EVENT

·a. REGISTRATION; ELIGIBILITY. All Attendees must be registered through the Registration Site. To register for an Event, you must provide the Required Registration Information on the Registration Site. Freshworks reserves the right to cancel or terminate any registration at any time. If applicable, You will receive a registration confirmation email at the email address you provide during registration. You must be at least 18 years of age on the first day of the Event in order to be eligible to register or attend.

·b. EVENT CODE OF CONDUCT. By registering and participating in the Event you agree to comply with Freshworks' Event Code of Conduct (attached hereto). Failure to comply may result in your Event registration being terminated, your employer may be notified, and you may be banned from participation in future Freshworks events.

·c. AFFILIATED SERVICES. If the Event website provides third party, affiliated services information including accommodation information and transportation information or discounts, such information is provided solely as a convenience to our Attendees ("Affiliated Services"). Inclusion on the Registration Site does not indicate approval or endorsement by Freshworks. Under no circumstances will Freshworks be liable in any way for any Affiliated Services or other third-party services, including, but not limited to, quality, availability, errors or omissions or damages of any kind. You must evaluate and bear all risks associated with the use of any Affiliated Services or other third-party services, including any reliance on the availability, quality or usefulness of such services. You may be subject to additional terms and conditions that may apply when you use Affiliated Services.

·d. PERSONAL RELEASE. Freshworks (and/or others on behalf of Freshworks) may be photographing, recording (both audio and video), webcasting, live-streaming, and podcasting ("Recordings" or "Recorded") at Events. By agreeing to these Terms and attending the Event:

• ·You agree that your image, likeness, voice, statements and other identifying characteristics (your "Image") may be Recorded, and you consent to the use of your Image in connection with the use of the Recordings.
• ·You irrevocably grant Freshworks and its agents, contractors, licensees and designees and their respective successors and assigns (the "Freshworks Parties") a non-exclusive, worldwide, royalty-free and fully paid-up, perpetual license to use, reproduce, distribute, prepare derivative works of, translate, display, perform, and otherwise exploit the Recordings and your Image therein, in whole or in part, in any and all media formats and through any and all media channels, in any manner and for any purpose in connection with Freshworks, its business and/or the Event (including any future reoccurrence of the Event or a similar event), and for any other lawful purpose.
• ·You waive any right you may have to inspect and/or approve the use of the Recordings or any reproductions thereof, and you agree that Freshworks is not obligated to make any use of your Image or exercise any of the rights granted to it.
• ·You understand that your Image may appear in Recordings made available to you, other Attendees, or the public, and that third parties may retain and distribute those Recordings.
• ·You agree that Freshworks exclusively owns all rights (including without limitation, intellectual property rights) in the Recordings and all results and proceeds derived from the use of the Recordings and your Image therein, and that no portion of such proceeds will be shared with you.
• ·You waive and release any and all rights of privacy and publicity, and any and all claims to compensation or damages or of violation of intellectual property rights, in connection with the use of the Recordings and your Image therein and/or any advertising or publicity relating thereto.
• ·You represent that you are of full legal age and have read this release and fully understand its contents.

·e. GOVERNMENT OFFICIALS. All government employees or officials who register to attend the Event must identify themselves as government employees or officials on the Registration Site. Each government employee or official who attends the Event also must confirm that s/he will abide by all relevant rules and regulations imposed by his or her employing agency during the Event, including those rules and regulations relating to the acceptance and disclosure of gifts and gratuities.

·f. FORWARD-LOOKING STATEMENTS. Some of the Event presentations and sessions will contain projections or other forward-looking statements regarding future events, product offerings or the future financial performance of Freshworks, its Partners and affiliates. Words such as "expects," "goals," "plans," "believes," "continues," "may" and variations of such words and similar expressions identify forward- looking statements. In addition, any statements that refer to or may imply future financial performance, our anticipated growth and trends in our businesses, and other characterizations of future events or circumstances are forward-looking statements. All such statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties, and the actual events or results may differ materially.

·g. ASSUMPTION OF RISK. Your participation in and attendance of the Event is completely voluntary. You accept and assume all risks of any damage to your personal property or for personal injury that you may face while attending the Event, using the Affiliated Services, and waive any claims against Freshworks relating to such risks.

·h. UNFORESEEN CIRCUMSTANCES. The Event schedule is subject to change at any time without prior notice. Freshworks cannot guarantee the attendance of any exhibitor or speaker, or that any scheduled event will take place.

·Freshworks will not be held liable and no reimbursement will be made, in the event of the cancellation or modification of the times, dates, sessions and/or events during the Event as a result of an event that is beyond Freshworks' control, including but not limited to inclement weather, earthquake, flood, or other act of God, war, invasion, act of foreign enemy, hostilities, riot, national state of emergency, plague, act/threat of terrorism, civil unrest, strikes or other labor disputes or any other similar or related event which delays or prevents any or all of the Event.

33. PERSONAL INFORMATION

·Freshworks will handle and protect the Required Registration Information provided in accordance with the Privacy Notice. By providing your personal information to Freshworks, you acknowledge and understand that Freshworks will collect such information for the purposes of effectuating your registration and to provide you with communications related to the Event, Freshworks, or Freshworks' platform. Freshworks will also use personal data provided by you (such as your first and last name and company name) for the purpose of administering your attendance at the Event and marketing the Event. To this end, Freshworks may disclose your personal data to third-party service providers (e.g., registration solution providers and other vendors engaged by Freshworks to put on the Event).

·As part of your participation in the Event, you may provide your personal data to third parties, including vendors, Partners or other Attendees, who are not employees of Freshworks. Freshworks is not responsible for how such a third party uses your personal data. If you demonstrate an interest in a Partner or topic, such as by visiting a virtual booth or attending a topic specific session, Freshworks may share your Required Registration Information with such Partner. Additionally, by visiting a Partner's or exhibitor's virtual booth or registering for the Event via link provided by a Freshworks Partner or exhibitor, you authorize Freshworks to share with such Partner or exhibitor your first and last name, title, company, physical address, phone numbers and email address provided to Freshworks, which will be subject to the Partner's or exhibitor's communications and privacy policy.

44. GENERAL PROVISIONS

·a. CONFIDENTIALITY. "Event Confidential Information" means any information, disclosed by Freshworks to an Attendee (whether tangible, intangible, orally, in-writing, electronically, or otherwise) designated as "confidential" (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Each Attendee may be provided certain Event Confidential Information during participation in the Event. Any such Event Confidential Information disclosed by Freshworks to Attendee under this Agreement is subject to an existing non-disclosure agreement (NDA) or Master Services Agreement (MSA). If no NDA or MSA exists between the parties, then during the term of this Agreement and for 5 years after, the Attendee will protect Event Confidential Information from unauthorized use, access, or disclosure in the same manner as it protects its own confidential information of similar nature or importance, and in any event, using no less than reasonable care.

·b. WARRANTIES. FRESHWORKS MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE EVENT OR EVENT REGISTRATION, WHETHER IMPLIED, STATUTORY OR OTHERWISE, AND FRESHWORKS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

·FURTHERMORE, FRESHWORKS MAKES NO REPRESENTATION THAT THESE TERMS, OR THE TOOLS, WEBSITES OR CONTENT PROVIDED HEREUNDER (THE "MATERIALS"), ARE APPROPRIATE, AVAILABLE OR LEGAL IN TERRITORIES OUTSIDE THE UNITED STATES. THOSE WHO CHOOSE TO ACCESS THESE MATERIALS OR THE EVENT FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS.

·YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT AND THAT YOU CAN AND WILL COMPLY WITH ALL THE TERMS OUTLINED HEREIN.

·c. LIMITS OF LIABILITY. Except as required by law, neither Freshworks nor its affiliates nor its or their employees, officers, directors, contractors, or Partners shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Event or other aspect related thereto or in connection with this Agreement. The maximum aggregate liability of Freshworks for any claim in any way connected with, or arising from, the Event or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), is limited to the amount paid by you to Freshworks under this Agreement or one thousand dollars ($1,000), whichever is the lesser.

·d. CHANGES TO THESE TERMS. Freshworks may make changes to these Terms from time to time. You understand and agree that if you attend the Event after the date on which the Terms have changed, your attendance will signify acceptance of the updated Terms.

·e. THIRD-PARTY LINKS. The Event materials may contain links to third-party sites; such linked sites are not under the control of Freshworks and Freshworks is not responsible for the content of any linked site or any link contained in a linked site. Freshworks reserves the right to remove any links at any time. Freshworks does not endorse the companies or products to which it links and reserves the right to note such on its web pages. If you decide to access any of the third-party sites linked you do so entirely at your own risk.

·f. GOVERNING LAW AND JURISDICTION. These Terms and any disputes arising out of or related hereto will be governed by and construed in accordance with the laws of California and each party hereby submits to the exclusive jurisdiction of the courts of San Francisco, California.

·g. RELATIONSHIP OF THE PARTIES. These Terms and the activities governed hereby do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to these Terms.

·h. WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

·i. SEVERABILITY AND ASSIGNMENT. If any provision in these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.

·You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Freshworks. Freshworks' sole remedy for any purported assignment in breach of this paragraph shall be termination of this Agreement and non-participation in the Event. Freshworks may assign these Terms, in whole or in part, as necessary for the execution of the Event without your consent and at its sole discretion. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

·j. ENTIRE AGREEMENT. These Terms constitute the entire agreement between the parties in relations to the Event and Event Registration and supersedes all prior and contemporaneous terms, agreements, proposals or representations, written or oral, concerning its subject matter. Without limiting the foregoing, no part of this Agreement shall be superseded or governed by any End User License Agreement or other agreement with Freshworks. To the extent that these Terms are translated, such translation is provided solely for convenience, and the English version of these Terms shall prevail.

·Freshworks Event Code of Conduct

·We believe our community should be truly open for everyone. As such, we are committed to providing a friendly, safe, and welcoming environment during the Event.

·This code of conduct outlines our expectations for Freshworks Event participants' behavior, as well as the consequences for unacceptable behavior.

·We invite all sponsors, speakers, Attendees, media, exhibitors, and other participants to help us realize a safe and positive conference experience for everyone. Expected behavior

·Be considerate, respectful, and collaborative.

·Refrain from demeaning, discriminatory or harassing behavior and speech.

·Be mindful of your surroundings and of your fellow participants. Alert event organizers if you notice a dangerous situation or someone in distress.

·If a badge has been issued to you, wear your badge at all times while at the Event or Event venues. Unacceptable behavior

·Unacceptable behaviors include:

• ·Intimidating, harassing, abusive, discriminatory, derogatory, or demeaning conduct by any Attendee of the Event or related Event activities. "Harassing" includes: offensive verbal or electronic comments related to gender, sexual orientation, race, religion, disability, national origin, or other protected characteristics; inappropriate use of nudity and/or sexual images in public spaces (including presentation slides); deliberate intimidation, stalking or following; harassing photography or recording; sustained disruption of sessions, talks or other events; inappropriate physical contact, and any unwelcome sexual attention.
• ·Wearing clothing that is not suitable for a professional work environment, that is provocative, inappropriate or otherwise potentially offensive.
• ·Physical verbal, or written, abuse, intimidation, threats, annoyance, harassment, stalking, pushing, shoving or use of any physical force whatsoever against any person, which in any way creates a disturbance that is disruptive or dangerous, or creates apprehension in a person, as determined by Freshworks and Freshworks' Event staff, in their sole discretion.
• ·Possession of a weapon or any item that can be used as a weapon, which may be used to threaten or cause injury to others if used in a certain manner.
• ·Any destruction or vandalizing of personal property or Event site or materials.
• ·Any boisterous, lewd or offensive behavior or language, using sexually explicit or offensive
• ·Language or conduct, profanity, obscene gestures, or racial, religious or ethnic slurs.
• ·Possessing any open can, bottle or other receptacle containing any alcoholic beverages, except in areas specifically designated for the consumption of alcohol or being intoxicated, as determined by Freshworks, in any Event venue or function. Please drink responsibly.
• ·Possessing any illegal substance, including but not limited to narcotics or other illegal drugs. Freshworks does not tolerate the use or abuse of illegal substances anywhere in the Event venues.
• ·Smoking other than in designated areas.
• ·Any other illegal activity not already covered above.
• ·Failure to obey any of the rules or regulations of the Event venues or instructions of the Event staff. Consequences of unacceptable behavior

·Unacceptable behavior will not be tolerated whether by an Attendee, media, speaker, volunteer, organizer, venue staff, Partner, sponsor, or exhibitor. Anyone asked to stop unacceptable behavior is expected to comply immediately.

·If a participant engages in unacceptable behavior, the conference organizers may take any action they deem appropriate, up to and including expulsion from the Event without warning or refund and if appropriate involvement of local law enforcement.

·What to do if you witness or are subjected to unacceptable behavior

·If you are subjected to unacceptable behavior, notice that someone else is being subjected to unacceptable behavior, or have any other concerns, please notify an Event organizer as soon as possible and follow up directly with a member of Freshworks Legal Department (in person or via email at legal@freshworks.com). You may request that your report remain confidential.

·Event staff will be available to help participants contact venue security or local law enforcement, to provide escorts, or to otherwise assist those experiencing unacceptable behavior to feel safe for the duration of the Event. You can report unacceptable behavior to any member of staff. Scope

·We expect all event participants (staff, sponsors, volunteers, speakers, Attendees, and other guests) to abide by this Code of Conduct at all Event venues and Event-related social events.

·The above Code of Conduct may be revised at any time by Freshworks. This Code of Conduct is without prejudice to Freshworks' rights, all of which it expressly reserves.