This End User License Agreement paired with the confidentiality policy is a binding agreement (hereinafter “the Agreement”) between you (hereinafter “You”, “the User”) and DeskOfDay, an affiliate to DailyDesk Ltd. (hereinafter “We,” “Our,” and “Us”). The Agreement shall regulate the User’s access and use of any and all DeskOfPlay software (hereinafter “the Software”) that is part of any and all other programs or services, DeskOfPlay Ltd.websites (hereinafter “the Website”) and any and all concurrent services, functional options, content, and applications (hereinafter “Functionality”), offered by us (all these hereinafter referred to as “Services”). Please, read the terms and conditions very carefully in case whereby you are intent on using the Services. If you do not agree to follow the terms and conditions or you disagree with our confidentiality policy, please, do not use the Services. Your use of the Services means that you agree to the terms and conditions of the license as stipulated herein. DeskOfDay reserves any and all rights to use the Services, including without limitation any right that is not clearly specified in this Agreement. Your use of the Services means that you shall not use them for illegal or unlicensed purposes.
We respect the User’s confidentiality and take any and all applicable measures to protect it.
Use of the Services by You
The Services shall be offered to you for free in a standard format, although some functions or features may not be available in the standard version of the Software; should you decide to purchase DeskOfDay Premium, additional features will become available to you; You shall not use the Services unless you have turned 13 years old or unless you own or administrate the device, on which you are installing the Software, or use the Services otherwise; We reserve the right to change, supplement, add or remove any and all terms and provisions of the Agreement or any part of it at any time at our own discretion, including, but not limited to changing any and all functions; You continuous use of DeskOfDay after any change in the Service of the Agreement means your full and complete acceptance of any and all such changes. Should you disagree with obligations pursuant to the changed Agreement, you shall not use or access the Services (or continue to use and access the Services);
Payment, extended subscription and money back guarantee
You can use the free version of the Software. Should you decide to buy the Premium version of the Software, you will be obliged to pay a monthly subscription fee. Your Premium account will be updated every month until you notify us of your intention to suspend it. You can request suspension of your Premium account by mail: help@DeskOfDay.com. We have the right to use third-party services to receive payment and manage any and all payment procedures. Prior to using such third-party services, we recommend that you read and accept the terms and conditions set by such services and be sure that you agree to these terms and conditions. You realize that we disclaim any responsibility for any and all third-party services, content or confidentiality policies exercised by such third parties. You knowingly and voluntarily accept any and all risks arising out of the use of such third party services.
In keeping with the Agreement, we hereby provide you with a personal, non-exclusive, non-transferrable, non-assignable, non-sublicesable, revocable and limited license to access and use the Services and install copies of the Software on your personal device. This limited license is expressly intended for personal and non-commercial use. Any commercial use of the Software and Services, including, but not limited to any use by a physical entity on behalf of a company or legal entity shall constitute a breach of the Agreement. Any use the Services (or part of these) for commercial purposes shall entail the signing of an Agreement with us. For more information, please, contact us by email: help@DeskOfDay.io. We grant a license to use the Software, but we do not sell it. Except for cases described in the Agreement or in keeping with the terms and conditions of any of the Services, you are not allowed to:
a. Copy, change or distribute the Services or part of these;
b. Sell, provide, let out for lease, assign, export, sublicense or otherwise transfer the Software and/or Services;
c. Change, modify, reconstruct, create derivative products based on the Software and/or Services, otherwise decompile or attempt to extract an original code, which is used as part of or in relation to the Software and/or Services;
d. Change, remove or conceal any copyright, trademarks or other notifications pursuant to the Services and/or Softwware;
e. Interfere with or undermine the use of other Services or any networks related to DeskOfDay;
f. Use the Services and/or Software independently or in combination with any other products in violation of third parties’ rights, infringe on users’ confidentiality or track, store, transfer or record personal information belonging to other users of the Services and/or Software;
g. Violate the current laws, including copyright and trademark legislation, as well as applicable telecommunication rules and regulations. Any use of the Software and/or Services in a prohibited way entails immediate and automatic termination of your license to use the Software and/or Services without prejudicing any other remedies that we have in law or equity.
The User is not allowed to use the Services in ways, which could damage, disconnect or reload our servers or affect the use of the Services by any other party. You are not allowed to attempt unauthorized access to any part of the Services or information, which have not been made accessible to you through intellectual password analysis or as part of any other process. We are authorized to use any available legal, reasonable, technical or operational facilities to prevent or stop any violation or breach of the terms and conditions of the Agreement, and to use other ways to ensure fulfilment of these terms and conditions.
Registration and security
To activate some of the Services, you should create and account and type in a login, password and email address (“Registration data”); you hereby agree to:
a. Share correct, accurate, up-to-date and complete information when filling out the form pursuant to your registration or use of the Services;
b. Save and immediately update Registration data and any other information, which we have provided you, to ensure accuracy, relevance and completeness of such information. You are not allowed to share your account with another person or take any action, which can compromise your account or result in unsanctioned use of your data. You shall be fully responsible for confidentiality and security of your Registration data and any and all activities carried out in your account. You shall notify us immediately should any threat to your Registration data or account occur. We disclaim any and all responsibility for any damage resulting from the use of your password by a third party with or without your consent.
The Software, Website and Functionality, including any and all versions, changes, corrections, modifications, improvements and/or updates of these, accompanying materials, services and any copies, which you are permitted make under this Agreement, belong to us and/or our licensors and are protected by copyright laws and other commercial contracts. You shall agree that all rights, ownership and revenues from the use of the Software, Website and Functionality, as well as intellectual property rights pursuant to these (including without limitation any patents (registered or pending), copyright, proprietary information, projects or trademarks), which testify to, reserved or added or pursuant or related to the Software, Website or Functionality, are and shall be solely owned by DeskOfDay or our licensors. This Agreement shall not imply your ownership of the Software, Website and Functionality or any Services whatsoever, but a limited revocable right of using these in keeping with the Terms and Conditions specified herein. No part of the Agreement shall be deemed a waiver of our intellectual property rights secured by any laws. DeskOfDay logos and trademarks are Our trademarks, so no rights, licenses or interests pursuant to any of such trademarks are specified in this Agreement. We respect other parties’ intellectual property, and we expect the User to do the same. It is important (it is part of this Agreement) that you strictly abide by copyright laws and other provisions pursuant to any content license agreement, which you may be a party to when using the Services.
The Website may contain comments and recommendations, sections, discussion forums, message boards and other interactive functions and features (“Interactive sections”), in which you can post and load user-generated content, which may include text, videos, pictures, messages and other materials or products (generally “User-generated content”). You are fully responsible for the use of any interactive section (through the posting of User-generated content or handling the content otherwise or relying on the content when making decisions), and you shall use sections at your own risk and shall be solely responsible. Your loading of User-generated content means that you agree to abide by the following limitations: You are not allowed to download, publish or otherwise distribute any User-generated content, which:
1. Violates a law, is part of criminal activities or entails civil penalties;
2. Violates or infringes upon the rights of other persons in any manner, including, but not limited to intellectual property rights, or contains information intended for discrediting, harassing, persecuting or threatening other people;
3. Insulting in all aspects and contains rude language, racist statements, violence, vulgarity, foul language, pornography, pedophilia, incest, zoophilia, and/or other obscenities;
4. Justifies or provides information on unlawful activities or justifies such activities;
5. Justifies terrorism;
6. Contains advertisement, promotion materials or any signs of solicitation in relation to products or services;
7. Is not related to a particular subject or section;
8. Contains software or any other materials infected with viruses, malware or destructive elements;
Do not mispresent yourself, make any false statement or otherwise falsify data or information concerning your relationships with physical or legal entities whatsoever;
Do not infringe upon any other end user’s rights, including without limitation confidentiality, copyright or any other rights;
Do not interfere with or undermine the work of the Website, Services or networks related to the Website or other users; do not breach any requirements, procedures, policies or guidelines of networks related to the Website;
Do not reproduce, replicate, copy, sell, resell or use for commercial purposes any part of the Website or Services or the User-generated content; do not use the Website’s domain name or resort to unauthorized access the Website;
We are entitled, but not obliged to track User-generated content, posted or downloaded on the Website, to check its conformity with the Terms and Conditions and any acting rules and guidelines set by us, and to appeal to any laws or guidelines. Although we are not obliged to track, display, edit or remove any User-generated content posted or downloaded on the Website, we reserve the right to view, edit, refuse to publish and remove user-generated content (without notifying the user), posted or downloaded on the Website, at any time and for any reason. You are fully responsible for any and all damage resulting from violation of copyright, trademark infringement, disclosure of proprietary information, advertisement rights or any other ownership rights, or any other damage resulting from the download of User-generated content by you or a third party.
Copyright violation notices and counter-notices
If you have reasons to believe that your work has been copied and there has been a copyright violation, you can send a notice to our agent and share the following information in written form: Physical or electronic signature of a person authorized to act on behalf of the owner, whose exclusive right is supposedly violated; Identifying information concerning the work, the copyright for which is stated to have been violated or, in case whereby a group of copyrighted works is involved, the information should be presented in a single notice and supplemented with a representative list of such works presented on the Website; ID of the material, which is stated to violate copyright or is an infringement matter, and which should be removed or made inaccessible, as well as information enabling the Company to find this material: Information enabling us to contact you, for example – your address, phone number and, if possible, an email address; Your statement proving that you have all reasons to believe that the use of the material mentioned in the complaint was not sanctioned by the copyright owner, his/her representative, or the law; Your statement that the information presented in the notice is accurate, and you are aware of responsibility for giving false evidence, and aware that you are authorized to act on behalf of the owner, whose exclusive right is claimed to have been violated. You can apply by email: help@DeskOfDay.io. You shall realize that failure to abide by any and all provisions of this section may void your application. For more information, please, read our DMCA Policy guide.
Automatic software updates and upgrades
The Software will be updated and/or upgraded automatically upon our decision without your participation. Updates and upgrades can include error correction, troubleshooting, updates, upgrades, software compatibility components, security updates, and new features and options. Updates and upgrades can be part of the Software and meet the Terms and Conditions of the Agreement, unless these updates and upgrades will be clearly specified in keeping with a separate agreement. We reserve the right to change, modify or restructure the Software or Services, or any part of these (including names, logos and design) and/or fully terminate the Service’s work at our own discretion. Automatic downloads, routing and caching The Services can facilitate your use of the Internet also through repeated routing of some of your queries via other DeskOfDay users (“Mutual exchange”). Your use of the Services for free, in turn, allows other devices that use the Services, to redirect themselves to your device. By using the Services, you agree that your device will be used in the manner described above and confirm that other DeskOfDay devices can use your network connection point and resources. Please, note that DeskOfDay will do their uttermost to avoid using your device unless it is currently in a standby mode, connected to a power source, or if it is roaming; also, the Company shall take all possible steps to ensure maximal confidentiality and security. If you have purchased a Premium account, this section may not apply to you. You shall confirm that your entry into the Agreement and use of the Services do not violate any contract, obligation, law, order or right, and if joint use of your device is undesirable or forbidden in your case, you are not going to use the Services, or you will purchase a Premium account and use the network without providing your own resources.
Why is it free?
In exchange for using DeskOfDay servers for free, we expect you to work as a DeskOfDay network node. This means that you shall agree to read and accept the terms of using DeskOfDay.
You shall realize that the Services are currently in a beta-testing mode, which explains a possibility of errors and/or limited functionality.
Third-party websites and content
The Services may contain links to other websites (“Third-party websites”), as well as posts, photographs, text, graphics, images, pictures, video, audio, data, mobile applications, plugins, offers and other materials and objects that belong to or are provided by third parties (“Third-party applications or content”). These third-party websites and third-party applications or content shall not be researched, controlled or tested by us for accuracy, relevance or completeness of information, and we shall not accept responsibility for any third-party websites, which you have addressed with the help of the Services, or any third-party applications or posted or uploaded materials, which have been made available and installed with the help of the Services, including without limitation content, accuracy of information, felonies, opinions, reliability, confidentiality rules and other policies exercised by third-party websites and applications or the Content. Connecting, coordinating and permission by us to use or install applications from a third-party website, any other third party, or Content, shall not be deemed an approval or confirmation on our part. Your decision to leave the Services and access third-party websites or use or install any third-party applications and content shall mean that you accept full and complete responsibility, and you shall be aware that in this case our Terms and Conditions and policies are no longer valid. You should be familiar with applicable terms, conditions and policies, including confidentiality and data collection methods applicable to any third-party website, which you are going to visit via the Services, or which are related to any applications, which you are going to use, download and install from a third-party website.
The Software and Services are provided on the “as is” and “as available” basis, without any warranties (including support or any other services provided by us or our licensors). You shall agree that you use the Services and Software at your own risk and you shall be fully responsible for these uses, as permitted by the applicable law. We, our licensors, official representatives, managers, employees and agents disclaim any and all warranties, explicit or implicit, including without limitation eligibility for sale and for use for specific purposes and copyright non-infringement. We shall not guarantee that the Software and/or Services:
a. Are free of any faults, errors, other malfunctions or technical issues;
b. Meet all requirements set by you;
c. All errors will be corrected immediately;
We shall not provide any warranties or ideas concerning the accuracy or appropriateness of information (including a user’s information whatsoever), websites, applications, content, any part or component of software belonging to third parties, shall not bear responsibility or obligations, and disclaim any and all warranties in case of:
1. Poor Internet connection or lack of it;
2. Errors or mistakes in the content or services;
3. Any damage to property resulting from your accessing and use of any third-party websites and/or services;
4. Any cases of unsanctioned access to your device or our secured servers or any personal or financial data stored on those;
5. Interruption and/or termination of services;
6. Errors, viruses, Trojans or other malicious codes, which can be transferred via the Services by any third party;
7. Errors or misinterpretations in any content or in case of any losses or damage resulting from the use of any content, which was shared, received, distributed or made available via the Services4
8. Any other user-generated content.
We shall not guarantee, support or take any responsibility for any product or services that are promoted or offered by a third party via the Services or any websites with hyperlinks, or those posted on banners or other advertisements or commercials, and we shall not be involved in any operations or other types of cooperation with such advertisements and commercials, and we shall not under any circumstances be responsible for monitoring any operations between you and third-party product and/or service providers. You shall accept any and all risks related to appropriate quality, effectiveness and result of your use of the Services and performing any and all operations via the Services.
Under no circumstances shall we or any other party involved in designing, production, distribution, promotion or marketing of the Services be responsible to you or any other persons for any specific, indirect, accidental, related or resulting losses, including without limitation loss of data or profit, or inability to use the Service, even in cases whereby we and other such parties have been warned about a possibility of such losses. This limitation is fully applied even in cases whereby the main goal of any limited remedies, which is permitted by law, has not been achieved. Under no circumstances shall we be responsible to you or any other party for direct and/or indirect claims, losses and other liabilities that exceed $50.
Compensation of losses
You hereby agree to compensate for, protect and secure us, our subsidiary companies, the parent company and affiliates, partners, sponsors and all respective officials, directors, owners, employees, agents, lawyers, licensors, licensee representatives and suppliers (collectively called “Parties”) against any and all liabilities, losses, disbursements, damage, and expenses (including legal expenses) sustained by any of the Parties due to any claims resulting from the use of the Website and Services by you, any use or supposed use of your account or password by any person (with or without your consent), your violation of or failure to fulfill the provisions of the Agreement, or violation of the rights of any person or organization by you.
Duration and termination of the Agreement
The Agreement commences from the moment of your accessing of the Services or installation of the Software and is valid through the moment of its suspension by you or us (“Duration”). You can stop any cooperation with us at any time by completely uninstalling the Software. Failure to follow the terms and conditions of this or any other agreement signed with us will terminate your license and the Agreement. When the Agreement is terminated, your license will expire automatically, and you will be obliged to discontinue the use of the Software and Services. We reserve the right to take any of the following actions at our own discretion without any advance notice whatsoever: Limit, discontinue, suspend or terminate access to the Services, including removal of your accounts, as well as related data and files, which are contained in your account;
• Reject, move or delete any materials available in and/or via the Services;
• Outline additional general policy and limitations concerning the use of the Services.
We are authorized to take any of the aforementioned steps for any reason, as may be defined by us at our own discretion, including, but not limited to:
a. In case of any violation of or failure to abide by the terms and conditions of the Agreement;
b. Upon law enforcement and other authorized agencies’ request;
c. Upon your request;
d. In case of termination or significant changes in the Services (or any part of these);
e. In case of unexpected technical issues and/or security problems.
You shall agree that we are not responsible in any way to you or any third party for taking any of these steps. Compliance with laws and export control rules The Software shall be used in strict accordance with the current law, and you are obliged to use it in keeping with any and all applicable laws. Without departing from the above statements and any other terms and conditions specified herein, you shall agree to abide by all applicable export laws, restrictions and regulations, and you shall agree that you do not export or permit to export or re-export the Software in violation of any restrictions, laws and/or regulations. You shall agree to the above statements, confirm and guarantee that you are not under control of or a resident of a country, which is under restrictions introduced by us or in keeping with another applicable law.
• Unconditional agreement. This Agreement, including the policy, to which you are entitled to refer in the Agreement, is a full and complete agreement between you and us over the subject of the Agreement, and it replaces and supersedes any and all previous or current arrangements and agreements, written and/or verbal, concerning this subject;
• Notifications. According to the current law, we can ensure that you are notified of certain events. You hereby confirm and agree that such notifications shall be directed to you via the Website or Services, or by email. You can change your email address with the help of the Services, in which you have submitted your contact information to us. Your failure to provide us accurate contact information will free us from any responsibility, because it will leave us unable to notify you. If you are a resident of the State of California, the USA, you can receive the same information by email, by sending a message with your email and a request for this information, to the email specified above.
• Designation. You shall agree that this Agreement and our rights stated in it can be fully or partially transferred by us or our partners to third parties at our own discretion, including as a merger concession, acquisition, reorganization or selling of all our assets or part of these (full or partial). You are not allowed to state, sublicense or substitute your rights according to the Agreement.
• Applicable right. The Agreement and relationships between you and DeskOfDay shall be regulated and interpreted according to the law of the state of Israel. You shall agree that any and all lawsuits based on the Agreement or related to it or your use or inability to use the Website and/or Services, shall be filed at competent courts in Tel-Aviv only, and you shall agree and submit to personal and exclusive jurisdiction and agree to a hearing site, and do not object to the jurisdiction, hearing site, or inconveniences faced at such courts. Notwithstanding the above, we have the right to file for a court injunction at any court of competent jurisdiction. This Agreement should not include third-party beneficiaries of the Agreement.
• No waiver. Our inability to force or ensure fulfillment of any right and/or provision of the Agreement does not constitute a waiver of such a right and/or provision. In case whereby a provision of this Agreement has been recognized by a court of competent jurisdiction invalid, the Parties shall albeit agree that the court should try to fulfill the intention of the Parties reflected in the provision with other provision of the Agreement remaining fully valid.
• You shall agree that regardless of any law or provision contravening this law, any requirement or lawsuit pursuant to the use of the Services of the Agreement, should be put forward or filed within one year following the occurrence of the requirement or a reason for the lawsuit.
Contacts: if any issues arise, please, email us: firstname.lastname@example.org.
Copyright 2020 DeskOfDay Ltd. All rights reserved. Any use of the Services means that you accept the Service use and confidentiality conditions of DeskOfDay Ltd.