These terms and conditions and all other legal documents incorporated by reference (collectively, the “Terms”) are a legal contract between “you” and goDeskless Inc. (collectively “Company,” “we,” “our,” or “us”) with respect to access to and use of our associated internet properties (including without limitation https://godeskless.com/) as linked and offered by us, our subsidiaries and/or affiliated companies, and any software and/or mobile or desktop application that we provide to you for download (each an “application”) and govern Your use of all the text, data, information, software, graphics, photographs, audio, video, content and more contained therein (all of which we refer to as “Content”) that we and our affiliates may make available to you, as well as any services (“Services”) we may provide through any of our websites (all of which are referred to in these Terms, collectively, as the “Service”).
THESE TERMS GOVERN YOUR USE OF THE SERVICE. BY AGREEING TO THESE TERMS OR ACCESSING, VIEWING, BROWSING, VISITING, REGISTERING IN, OR USING THE SERVICE YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE THE SERVICE. COMPANY MAY, IN ITS SOLE DISCRETION, MODIFY OR REVISE THESE TERMS AT ANY TIME BY UPDATING THIS DOCUMENT. WE WILL NOTIFY YOU AND ASK FOR YOUR EXPRESS CONSENT TO THE UPDATED TERMS WHEN AND WHERE WE ARE LEGALLY REQUIRED TO DO SO. YOUR CONTINUED PARTICIPATION AFTER THE EFFECTIVE DATE OF SUCH CHANGES TO THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SERVICE.
Authorized Use
Subject to these Terms, we authorize you to view and download the information and other Content at or through the Service only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original Content on any copies of the Content. You are not authorized to modify and/or create derivative works of our Content. You may not, without the prior written permission of Company, “mirror” any material contained on the Service on any other server.
The Service may allow certain registered users to access additional services, which are subject to any additional terms applicable to such portal(s) or services and which are hereby incorporated by reference if you access and/or contract such additional services (“Additional Terms”). In the event of any conflict between these Terms and the Additional Terms, the Additional Terms will prevail. In cases where the Additional Terms do not address specific provisions that are included in these Terms, these Terms will apply, supplementing such Additional Terms.
We reserve the right to terminate or modify the Service in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Service to a subset of permitted users. You are solely responsible for making all arrangements necessary for you to access the Service.
With respect to any areas on the Service where users transmit or post communications, whether to Company, to each other or to third parties, including but not limited to support chats, chat rooms, bulletin boards or user forums, Company may, but is not obligated to, monitor or review the activity in such areas and/or the content of such communications. Company will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise.
Privacy
Personal information collected about you by the Service is treated in accordance with the Privacy Policy, available at https://godeskless.com/privacy-policy/ which is hereby incorporated into these Terms by reference. If you do not agree to these Terms or the Privacy Policy, you must discontinue using the Service.
Our Ownership and our IP
You acknowledge and agree that the Content displayed on or through the Service or provided to you for download, is copyrighted by us or our licensors under United States of America and international copyright laws. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content, including the Service itself. Our Copyright: ©2023 goDeskless Inc. All rights reserved.
The Company logo and certain other words and logos displayed on the Service and which may or may not be designated on the Service by a “TM” “®” “SM” or other similar designation, constitute trademarks, trade names, or service marks (collectively, “Marks”) of Company or other entities. You are not authorized to use any such Marks without our prior written consent. Ownership of all such Marks and the goodwill associated therewith remains with us or our respective licensors.
License
Subject to your compliance with these Terms, and any Additional Terms, we grant you a limited, personal, non-exclusive and non-transferable license to use the Service. You have no other rights in the Service or any Content, and you may not modify, edit, copy, reproduce, publicly display, create derivative works of, reverse engineer, decompile, disassemble, alter, enhance, or in any way exploit the Service or any Content there in in any manner.
In case the Content we make available to you are mobile applications (each a “Mobile App”), you acknowledge and agree that you are also subject to any applicable rules applied by Apple Inc. (please refer to the “Usage Rules” set forth in the Apple Terms of Service) and Google Inc. (please refer to Google Play Terms of Service) with respect to the use of their App Store and Google Play Store respectively.
Upon your breach of any of these Terms, your license to use the Service will automatically terminate and you must immediately destroy or delete any downloaded or printed materials (and any copies thereof) including Mobile Apps and applications for your devices.
Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Service or any information displayed on the Service, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with prior written permission from us.
Disclaimers
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE OR THE CONTENT SHALL BE AT YOUR SOLE DISCRETION AND RISK. THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, QUIET ENJOYMENT, SYSTEM INTEGRATION AND/OR DATA ACCURACY. NO WARRANTY IS MADE BY COMPANY ON THE BASIS OF TRADE USAGE OR COURSE OF DEALING. COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE OR THE CONTENT OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SERVICE OR THE CONTENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY OR ITS AFFILIATES, EMPLOYEES, AGENTS OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE OR THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SERVICE. THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY CONTENT TO OR FROM THE SERVICE. IN NO EVENT WILL COMPANY’S LIABILITY FOR USE OF, OR IN CONNECTION WITH, THE SERVICE, EXCEED ONE HUNDRED U.S. DOLLARS.
Prohibited Conduct
When using the Service you agree not to (as applicable):
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, hateful, misogynist, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Service.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on the Service.
- Post anything clearly false or misleading.
- Post anything unrelated to our business, products or services.
- Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.
This list of prohibitions provides examples and is not complete or exclusive. Company reserves the right to terminate access to and/or use of the Service with or without cause and with or without notice, for any reason or no reason, or for any action that Company determines is inappropriate or disruptive to the Service or to any other user of the Service. Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Company’s discretion, Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Service or on the Internet.
Indemnification by Us
Subject to Your compliance with these Terms, We will indemnify and hold You harmless, from and against any claim brought against You by a third party alleging that the Service(s) You subscribed to infringes or misappropriates such third party’s valid patent, copyright, or trademark (an “IP Claim”). We shall, at Our expense, defend such IP Claim and pay damages finally awarded against You in connection therewith, including the reasonable fees and expenses of the attorneys, provided that (a) You promptly notify Us of the threat or notice of such IP Claim; (b) We have or will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such IP Claim; and (c) You fully cooperate with Us in connection therewith. We will have no liability or obligation with respect to any IP Claim if such claim is caused in whole or in part by (i) compliance with designs, data, instructions or specifications provided by You; (ii) modification of the Service(s) by anyone other than Us; or (iii) the combination, operation or use of the Service(s) with other hardware or software where the Service(s) would not by themselves be infringing. The above sections state our sole, exclusive and entire liability to You and constitute Your sole remedy with respect to an IP Claim brought by reason of access to or use of the Service(s) by You.
Indemnification by You
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, and its affiliates and their its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Service or the Content or your breach of any representations, warranties, covenants or obligations contained in these Terms.
Links to Other Sites
The Service may provide links to third-party websites or resources and contain third-party advertisements. We may also offer certain services provided by our business partners through the Service. You agree and understand that such third-party websites or resources are subject to their own privacy policies and terms of use, that you are subject to those legal terms, and that we have no control over such websites and resources. You acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that the Service provides links to or that provide links to this Site, or (ii) any content, goods, or services available on or through any such sites or resources. We take no responsibility for third party advertisements which are posted on the Service, nor do we take any responsibility for the goods or services provided by its advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or providers of goods or services found on or through the Service and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.
In no event shall any reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
Intellectual Property Infringement
We have a policy of removing any content that violates intellectual property rights of others, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Service in violation of someone’s intellectual property rights. If you believe your copyright or other intellectual property right is being infringed by a user of the Service, please provide written notice to Company at legal@godeskless.com.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by goDeskless, Inc., 11501 Dublin Blvd, Suite #200, Dublin, CA 94568. If You have a question or complaint regarding the Service, please contact our Customer Service at support@godeskless.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
General
These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. If any dispute arises relating in any way to these Terms or your use of the Service, such dispute shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any applicable state or federal court in California and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms together with any Additional Terms, policies and any other legal documents incorporated by reference constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersede any and all prior or contemporaneous agreements or understandings, written and oral.
Contact Us
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us by emailing Us at support@godeskless.com.
These Terms were last updated on December 18, 2023.