Desklog User Terms of service
Desklog offers employee monitoring software with remote tracking, project management, task management features including the website “desklog.io”. Desklog is developed by iOSS (Infinite Open Source Solutions LLP).
We refer users of the Websites as “Clients.”
We refer the users of the free version of the Desklog Service as “Free Users.” While Free Users can access and use the Service of Desklog, they are restricted to certain features and functionality than the subscribers.
We refer the users who use the Service as part of a paid Desklog subscription plan as “Subscribers.” The Service features and functionalities available to Subscribers are determined by the specific terms agreed to between Desklog and the clients that entered into a separate agreement that governs delivery, access, and use of the Service (the “Customer Agreement”).
We refer to these three types of users collectively as “Users” or “you” for purposes of these Terms. Regardless of what type of User you are, these Terms create a legal agreement directly between you and Desklog and explain the rules governing the use of the Service and Websites.
1. General terms
1.1 Severability: Each of the paragraphs of these Terms functions separately. If any court or authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
1.2 Miscellaneous: The section titles in these Terms are for convenience only and have no legal effect.
1.3 Notices: We may provide notice to you by e-mail or postal notice on the Service and Websites or any other way we may choose and such notice will be effective on delivery or dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address.
2. Modification of terms
You acknowledge and agree to the modification of terms. If not, kindly do not access or use the service. We may change these terms from time to time. Please check this page periodically for any updates.
We will abide with applicable local legal obligations to provide you with notice of changes to these Terms. Your continued use of the Service and Websites after any such update corresponds to your acceptance of such changes.
3. Acceptance of the Terms
You must be of legal age to abide by the agreement in order to accept the terms. If you do not agree to the General Terms and service specific terms, do not use any of our Services or the corresponding service
You may accept the Terms or abide by the general agreement.
4. Account Registration and use
4.1 Account Registration and Confidentiality.
To avail the access and services of Desklog, you must register with Desklog. You shall provide the complete details for the registration and password for your personal use. Your responsibility to keep the password secure for any further use of the services of Desklog.
4.2 Unauthorized Account Use
Your responsibility to keep us notified at [email protected] if you are aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Desklog will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use.
5. Communications from Desklog
Any Desklog updates shall be communicated through the services and it will be the part of services. To maintain your privacy you can disable receiving the updates such as a newsletter, any changes incorporated messages etc
6. Payments & Refund
Desklog may save your account information for all future service charges. For any recurring charge, Desklog will charge during its specified period. If the client uses any paid service, then the client will be charged. The current payment structure may be revised from time to time. Desklog reserves the right to change the payment structure and payment methods.
The service will be charged in advance and the pre-paid service charge is non-refundable. No refund or credits for any partial service availed with an open account. All are treated equally and no exceptions. All charges are exclusive of all levies, taxes, or duties imposed by authorities and you will be held responsible for paying all such duties, taxes, levies. If you cancel the subscription or you delete your account, Desklog will not refund any fees received before your account cancellation.
7. Pricing & Offers
Pricing special offers/ discounts provided by Desklog will be valid only for the specified time frame (up to maximum 1 year). After completion of the applied offer/discount period, it will auto-switch to the actual pricing plans. Deadlines are assigned to every offer and no user is eligible for the offers after the allocated time.
8. License & Acceptance
Your license will be obliged as per your compliance with the terms of service, we provide a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service and Websites only for your own internal use (or, for Subscribers, uses authorized by the Customer), and only in a manner that complies with all legal requirements that apply to you or to your use of the Service and Websites.
9. Data Ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Desklog the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Desklog.
10. Termination of Relationship
As per the sole discretion of Desklog, may terminate the legal agreement and termination of your account at any time when the provision of terms are breached from your end. Desklog holds the right to deny the services with or without prior notice or conveying reason. Desklog may terminate your services if legally bound to do so ( when any provision provided by desklog becomes unlawful) or if the partners with Desklog terminate your service by the suggestion of Desklog.
11. Limitation of Liability
You expressly agree that Desklog (its officers ,employees and directors ) are not responsible for any data or services acquired, messages received, or transactions entered into as a result of our services, or any unauthorised access to or alteration of your transmissions or private data, or any third-party activities on our service, or any other matter relating to our service.
You agree that Desklog (its officers , employees and directors ) will not be liable for any incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profit, goodwill, data, or other intangible assets resulting from the use of or inability to use our services, or the cost of acquiring substitute services resulting from any data.
Desklog does not warrant that:
- (i) Your exact requirements will be met by the Service.
- (ii) The Service will be uninterrupted or error-free.
- (iii) the results acquired through the use of the Service will be accurate.
To the maximum extent permitted by the law , Desklog (its employees,officers and directors) shall not be liable for :
- any access to the User Content or user credentials that is not authorised;
- any installation, implementation, customization or modification of the Software not carried out by Desklog
- or any failure to apply a patch, update, service pack, or any upgradation that may have prevented the damaging incident.
Any dispute arising out of or related to your use of the Service must be submitted with Desklog within 90 days of the claim or cause of action occurring, otherwise your claim will be dismissed.
To the extent that the law permits , and notwithstanding any other provision of the agreement, the total liability in aggregate, to the Client and its Users and/or anyone claiming by or through the Client, for any and all claims, losses ,costs or damages from Desklog(and its officers, directors, and employees)shall not exceed the total compensation received under this Agreement in the 12 months preceding the cause of the action, or the total amount of USD 100, whichever is lower and such compensation includes attorneys’ fees and costs and expert-witness fees and costs of any nature whatsoever or claims expenses resulting from or in any way related to the Service or the Agreement from any cause or causes. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
Because some damages are not limited in some countries, some or all of this limitation of responsibility may not apply to you, and you may have additional rights. Nonetheless, if any portion of these sections is found to be illegal under applicable law, the validity of the remaining portions of the applicable sections will not be affected.
You agree to indemnify and hold Desklog (and its officers,employees and directors) harmless against any claim, complaint, demand or damage including, but not limited to, reasonable attorney’s fees made by a third party as a result of or arising from your violation of this Agreement or any applicable laws
If you are an Admin User, in connection with the Regular user’s use . you agree to indemnify and hold Desklog harmless(employees,officers or directors) ,for reasons including but not limited to:
- any third-party claim of infringement of copyright or other Intellectual Property Rights, or invasion of privacy, arising from your User Content being hosted on the Software, and/or your making it available to other users of the Software, and/or other users of the Software or related services actually using your User Content in accordance with the Agreement;
- any activity relating to your account, whether carried out by you or by anyone else with or without your consent, unless the activity was caused by the act or default of Desklog.
13. Other Content
The service of Desklog may or may not offer the hyperlinks to other website or content or resources. Desklog shall not have any control over any third party website other than Desklog. You shall acknowledge and agree that Desklog is not responsible for any action of external sites or resources, and does not support any advertising products, or other materials available from such external websites. You acknowledge and agree that Desklog is not responsible for any loss or damage incurred by you as a result of the existing external sites or resources, or as a result of any trust placed by you on the completeness, accuracy or existence of any advertising products or other materials available from such external websites.
14. General Legal Terms
You may use the service of any external website or resources through the hyperlink to the external websites or resources in Desklog. As a result of using the service of any external website or resources you may download any software, or media or use their service, or buy any product may subject only to the terms of service between the third party and you. These terms do not affect your legal relationship with the third party. If any court of law, having the jurisdiction to decide that any provision of these Terms is invalid, then that provision will be extracted from the Terms without affecting the rest of the Terms of service. The remaining Terms of service will continue to be valid and obliged.
For any queries regarding User Terms (the “Terms”), please email us at [email protected]