LICENSES AND RESTRICTIONS.
- License. Subject to the terms and conditions herein, DeskConnect grants you a personal, revocable, limited, non-transferable license to use the App on any iPhone, iPad, or iPod touch that you own or control. With respect to any App accessed through or downloaded from the Apple App Store (the “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with the Apple App Store’s Usage Rules (the “Usage Rules”).
- Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the App or Services (collectively, the “DeskConnect Properties”) or any portion of the DeskConnect Properties; (b) you shall not use any metatags or other “hidden text” using DeskConnect’s name or trademarks; (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the DeskConnect Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) access the DeskConnect Properties in order to build a similar or competitive website, application or service; (f) except as expressly stated herein, no part of the DeskConnect Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the DeskConnect Properties. Any unauthorized use of the DeskConnect Properties terminates the licenses granted by DeskConnect pursuant to the Terms.
- Updates. All updates and upgrades to the App will be governed by the version of these Terms published by DeskConnect as of the date you install such update or upgrade. You agree, however, that we are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the App or for the Service. Any rights not expressly granted herein are reserved.
- Workflows. You acknowledge that all Workflows are the sole responsibility of the party from whom such Workflows originated. DeskConnect has no control over, and assumes no responsibility for, the content or functionality of any Workflows. You use any Workflow at your own risk and you are solely responsible for your compliance with any third-party terms or agreements arising from your use of any Workflow. You acknowledge that DeskConnect has no obligation to pre-screen Workflows, although DeskConnect reserves the right in its sole discretion to pre-screen, refuse or remove any Workflows. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your Workflows, including without limitation chat, text, or voice communications. In the event that DeskConnect pre-screens, refuses or removes any Workflows, you acknowledge that DeskConnect will do so for DeskConnect’s benefit, not yours. Without limiting the foregoing, DeskConnect shall have the right to remove any Workflow that violates the Terms or is otherwise objectionable.
- Third Party Applications. In order to complete certain workflows and tasks, the Services may need to access certain third party software applications on your mobile device (“Third Party App(s)”). You expressly consent to and authorize the Service to access and use these Third Party Apps on your behalf to the extent necessary to provide the Service to you. YOU AGREE TO COMPLY WITH ALL APPLICABLE TERMS OF SERVICE OR OTHER AGREEMENTS FOR SUCH THIRD PARTY APPS WHEN CREATING OR USING WORKFLOWS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ALL WORKFLOWS COMPLY WITH THE APPLICABLE TERMS FOR EACH THIRD PARTY APP USED BY THE WORKFLOW. WE DO NOT GUARANTEE IN ANY WAY THAT WORKFLOWS COMPLY WITH THE TERMS FOR ANY THIRD PARTY APPS AND WE ARE NOT RESPONSIBLE FOR ANY WORKFLOWS.
Acceptable Use Policy. We believe that you should do unto others as you would have others do unto you and with that in mind, we’ve established this Acceptable Use Policy. We request that you please respect it. We say "please" to be polite, but "please" means that you must comply with these policies as compliance is critical to keeping the Workflow community together as a community. Workflow is unique in that we rely on users to behave in an honest and non-misleading manner with regards to the any Workflows accessible through the Service. Accordingly, you agree not to:
- Upload, post, e-mail, transmit or otherwise make available ("Make Available") any Workflow that: (1) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (2) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (3) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (4) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (5) promotes illegal or harmful activities;
- Make Available or use Workflows that you know or believe to be false, misleading, fraudulent, or in any way deceptive to a user of said Workflows;
- Harass, stalk, defame, libel, defraud, threaten, infringe the privacy of, or tortiously injure any other person;
- Infringe or encourage any other person (including another user of a Workflow) to infringe on our intellectual property rights ("IP Rights") or the IP Rights of third parties, which may encompass copyright, patent, trademark, trade secret, or other proprietary rights;
- Harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their and our consent;
- Interfere with, disrupt, or create an undue burden on servers or networks connected to the Service or any Third Party Apps or violate the regulations, policies or procedures of such networks or Third Party Apps;
- Attempt to gain unauthorized access to the Service, other computer systems or networks connected to or used together with the Service, through password miming or other means;
- Harass or interfere with another user’s use and enjoyment of the Service, Workflows or Third Party Apps;
- Interfere with our ability to provide Services to our users including but not limited to violating or attempting to violate any security feature, introducing viruses, worms, or similar harmful code into the Service or any Workflow or linking to websites or other applications that contain viruses, worms, or similar harmful code, or by overloading, "flooding," "spamming," "chain letters," "pyramid schemes," or any other form of solicitation;
- Make Available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
- Use, display, mirror or frame the Service, or any individual element within the Service, including our marks or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.
- FEEDBACK. If you provide DeskConnect with any feedback, suggestions, or ideas regarding the App or Services (“Feedback”), you hereby assign to DeskConnect all rights in the Feedback and agree that DeskConnect shall have the right to use such Feedback and related information in any manner it deems appropriate without any further obligations to you. DeskConnect will treat any Feedback you provide to DeskConnect as non-confidential and non-proprietary. You agree that you will not submit to DeskConnect any Feedback that you consider to be confidential or proprietary.
- OWNERSHIP RIGHTS AND LICENSE. As between you and DeskConnect, the DeskConnect Properties, including any design, layout, logo, text, code, and graphics contained within the App (the “DeskConnect Content”) is, and shall remain the sole property of DeskConnect and is subject to protection under U.S. and foreign copyright laws. Other trademarks, logos, and images that are available in connection with our Service are the property of their respective owner (each an “Owner”), which may or may not be affiliated with, connected to, or sponsored by DeskConnect.
- NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE DESKCONNECT PROPERTIES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DESKCONNECT PROPERTIES, AND ANY DESKCONNECT CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DESKCONNECT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DESKCONNECT PROPERTIES, AND ANY DESKCONNECT CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT. DESKCONNECT DOES NOT WARRANT THAT THE DESKCONNECT PROPERTIES, AND ANY DESKCONNECT CONTENT, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DESKCONNECT PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DESKCONNECT PROPERTIES WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DESKCONNECT OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
- LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DESKCONNECT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DESKCONNECT PROPERTIES, ANY DESKCONNECT CONTENT OR ANY INFORMATION AVAILABLE ON THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DESKCONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT SHALL DESKCONNECT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ARBITRATION; APPLICABLE LAW. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
- Except for a claim by DeskConnect against you, any and all disputes between you and DeskConnect arising under or related in any way to these Terms must be resolved through binding arbitration as described in this Section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the App or Service.
- YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND DESKCONNECT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND DESKCONNECT 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. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this Section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and DeskConnect must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in San Francisco, California. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in San Francisco County, California. Claims of infringement or misappropriation of DeskConnect’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in San Francisco, California.
- The laws of Delaware, excluding its conflicts of law rules that would result in the laws of a State other than Delaware, govern this license and your use of the Service.
APPLICATION STORE ADDITIONAL TERMS AND CONDITIONS. The following additional terms and conditions apply to you if you are using an App from an App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apps from the App Store.
- Acknowledgement. DeskConnect and you acknowledge that this Agreement is concluded between DeskConnect and you only, and not with the App Store, and DeskConnect, not the App Store, is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the App that are less restrictive than the Usage Rules set forth for the App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting App Store term applies, as applicable.
- Scope of License. The license granted to you for the App is limited to a non-transferable license to use the App on the iOS device that you own or control and as permitted by the Usage Rules.
- Maintenance and Support. DeskConnect is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms (if any), or as required under applicable law. DeskConnect and you acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Warranty. DeskConnect is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be DeskConnect’s sole responsibility.
- Product Claims. DeskConnect and you acknowledge that the App Store is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit DeskConnect’s liability to you beyond what is permitted by applicable law.
- Intellectual Property Rights. DeskConnect and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, DeskConnect, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address. DeskConnect’s contact information for any end-user questions, complaints or claims with respect to the App is set forth below.
- Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the App.
- Third Party Beneficiary. You agree that the App Store (and its subsidiaries) is a third party beneficiary of these Terms and will have the right to enforce these Terms.
- DESKCONNECT NAME AND ADDRESS. DeskConnect’s contact information for any end-user questions, complaints or claims with respect to DeskConnect Properties is email@example.com.
- INDEMNIFICATION. You agree to indemnify, defend, release, and hold harmless DeskConnect, its partners, licensors, affiliates, contractors, officers, directors, employees and agents from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the DeskConnect Properties, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party.
- EQUITABLE REMEDIES. You hereby agree that if the terms of these Terms are not specifically enforced, DeskConnect will be irreparably damaged, and therefore you agree that DeskConnect shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any of these Terms, in addition to any other available remedies.
- TERMINATION. DeskConnect may cancel, suspend or block your use of the Service or any component thereof (including any Workflow) without notice for any reason in its discretion or for no reason. Your right to use the Service will end once your registration is terminated. You may terminate your registration at any time. DeskConnect is not responsible or liable for any records or information that is made unavailable to you as a result of your termination of registration. YOU AGREE THAT DESKCONNECT WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE. All provisions of the Terms that by their nature are intended to survive termination of these Terms shall so survive, including without limitation, ownership provisions, warranty disclaimers, indemnification, limitation of liability, arbitration and choice of law.
- CONSUMER COMPLAINTS. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- MISCELLANEOUS. DeskConnect’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
Last Updated: March 22, 2017