Terms of Use
Our Terms of Service are designed to ensure a clear understanding of our services’ responsibilities and rights. These terms apply to all users of DeskDay services, and by using our services, you agree to these terms of our privacy policy and confirm that you are at least 18 years old or have the authority to bind an entity to this agreement.
1. User Rights
1.1. As a DeskDay user, you’re granted a limited, non-exclusive, and revocable right to access and use our services for your internal business needs, in line with your subscription plan.
2. User Responsibilities
2.1. Account Usage: Your access is limited to the number of users agreed upon. Each user must have unique login details, which are not to be shared.
2.2. Acceptable Use:
– You must not misuse our services (e.g., unauthorized selling, renting, or sharing of our service).
– Don’t try to modify, hack, or gain unauthorized access to our services.
– Personal sensitive information should not be stored or transmitted through our services.
– Abide by all applicable laws, respect privacy rights, and avoid transmitting illegal, harmful, or offensive material.
– Protect against transmitting harmful software like viruses or malware.
– Do not engage in activities like scraping or crawling our services in unauthorized ways.
2.3. Data Rights: Ensure you have the right to share data with us and that sharing doesn’t infringe any laws or privacy rights.
2.4. Community Feature Use:
– You’re responsible for the material you post, including its legality and accuracy.
– By posting, you grant us a license to use your materials as part of the community.
– Be aware that what you share can be seen by others and is your responsibility.
– DeskDay doesn’t guarantee that community materials are virus-free or otherwise safe.
– Community materials are provided “as is” without any warranties from DeskDay regarding their accuracy or safety.
3. Services
3.1. Trial Period and Service Termination: Users may sign up for a demo or a trial of DeskDay services governed by these Terms, including any additional conditions we may impose. The trial is for a limited time, and we reserve the right to terminate the trial and the user’s access to the services at our discretion without needing to provide a reason or being liable for termination.
3.2. Updates to Services: DeskDay services, including any new features or enhancements, are subject to these Terms. We retain the right to release updates anytime, ensuring the service remains current and secure.
3.3. Scheduled Downtime: Occasionally, DeskDay services may be unavailable due to scheduled maintenance or upgrades. We aim to minimize this downtime and provide advance notice to our users.
4. Intellectual Property Rights
4.1. Ownership and Use Rights: DeskDay retains all rights, including intellectual property rights, in its services. Users are granted rights per these Terms, but all other rights, titles, and interests remain exclusively with DeskDay.
4.2. User Data Rights: Users maintain ownership of the data they input into DeskDay services. While we don’t claim ownership of user data, we have the license to use any feedback, suggestions, or enhancements provided by users for service improvement purposes.
4.3. Reserved Rights: DeskDay retains all rights not explicitly granted to users in these Terms, ensuring the protection of our intellectual property.
5. Third-Party Services
5.1. Third-Party Service Usage: When users utilize third-party services through DeskDay, they are subject to those third parties’ terms and privacy policies. DeskDay isn’t responsible for any issues arising from using these third-party services or how these third parties handle user data.
6. Charges and Payment
6.1. Subscription Charges and Plan Details: Charges for using DeskDay are based on the subscription plan chosen by the user, as detailed on our website. All charges are to be paid in advance and are outlined in the Order Form associated with the user’s account.
6.2. Payment Authorization and Due Date: By subscribing to DeskDay, users authorize us to bill them for the subscription and any subsequent renewals.
6.3. Refund Policy: Generally, subscription charges for DeskDay services are non-refundable. Exceptions, if any, will be explicitly stated in these Terms.
6.4. Tax Responsibilities: The subscription charges do not include any taxes or governmental levies. Users are responsible for additional taxes that may apply to their subscriptions.
7. Subscription Term & Termination
-The duration of your subscription with DeskDay will be specified on our application or in any relevant order form.
-You can terminate your account if DeskDay significantly breaches these terms. You must notify us of the breach and allow us at least 30 days to resolve the issue. If you terminate for this reason, we will refund the remaining subscription fees.
-DeskDay may suspend or terminate your account for non-payment or if you violate these terms. We will inform you of the violation and may give you 15 days to rectify it. -Failure to comply within this period, or if the breach is deemed unresolvable, will result in account termination.
-Either party may terminate the terms in the event of the other’s insolvency under specified conditions.
7.1. Post-Termination Effects: After account termination, access to DeskDay services will cease.
8. Confidentiality and Data Security
-You must keep your user identification and password confidential and are responsible for activities under your account.
-Both parties agree to protect each other’s confidential information with reasonable care and use it only for purposes related to these terms.
-DeskDay will take appropriate measures to protect customer data and notify you promptly in case of any breach.
-You agree not to send us any PHI data unless covered under a separate agreement.
-DeskDay will process customer data only to provide and improve services and handle technical issues, or as requested by you, in line with our privacy policy.
-DeskDay acts as a data processor, processing personal data on your behalf.
-We may disclose information about your account to comply with legal requests or address potential rights violations.
8.1. Liability and Data Processing Assistance
DeskDay may assist you in fulfilling data protection obligations at your expense.
8.2. Access to Data
By using Deskday, you grant us a non-exclusive, perpetual, worldwide, royalty-free license to:
-Collect and utilize your data, but only for the purposes of researching, developing, modifying, enhancing, or supporting DeskDay’s services.
-Use your data in a form that is either anonymized or aggregated, ensuring that it does not and cannot directly identify you, your users, or visitors. This usage is for benchmarking or machine learning objectives.
-Gather and employ data, insights, or information that are produced or derived from your use of the Platform for their own business goals, such as industry analysis, analytics, marketing, and the development, training, and improvement of their products and services.
-DeskDay and its affiliates will not, under any circumstances, sell your data to any third parties for marketing or advertising purposes.
9. Disclaimer of Warranties
-DeskDay’s services are provided “as is” without express or implied warranties, including merchantability, fitness for a particular purpose, or non-infringement.
-Given the nature of the internet and telecommunication networks, we do not guarantee uninterrupted, secure, error-free service or protection from viruses or other harmful components.
10. Providing Feedback
As a DeskDay user, you may occasionally offer suggestions, ideas, or feedback about the platform’s enhancements or functionality. By submitting such feedback, you’re giving DeskDay and its affiliates a free, fully paid, sublicensable, transferable, non-exclusive, irrevocable, perpetual, and worldwide license to use, sell, offer for sale, import, and otherwise exploit your feedback. This includes incorporating your feedback into DeskDay without any limitations.
