Terms of Service

Welcome to FyneDesk. These Terms of Service ("Terms") govern your access to and use of the FyneDesk IT Service Management platform ("Service"). By creating an account or using our Service, you agree to be bound by these Terms.

Please read these Terms carefully. If you do not agree to these Terms, you may not access or use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using FyneDesk, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using FyneDesk on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

FyneDesk provides a cloud-based IT Service Management platform that includes incident management, service request management, change management, problem management, asset management, knowledge base, reporting, and related features. The Service is provided "as is" and we continuously work to improve it.

3. Account Registration and Security

To use FyneDesk, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring that users within your organization comply with these Terms

We reserve the right to suspend or terminate accounts that violate these Terms or pose a security risk.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Upload, transmit, or store any content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Attempt to gain unauthorized access to the Service, other accounts, or related systems
• Interfere with or disrupt the integrity or performance of the Service
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Collect or harvest any information about other users without their consent
• Upload viruses, malware, or any malicious code
• Use the Service to send spam, phishing attempts, or unsolicited communications
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Resell, sublicense, or transfer access to the Service without our written permission

5. Your Data

Ownership: You retain all ownership rights to the data you submit to FyneDesk ("Your Data"). We do not claim any ownership over Your Data.

License to Us: You grant us a limited, non-exclusive license to host, store, process, and display Your Data solely for the purpose of providing and improving the Service. This license ends when you delete Your Data or close your account.

Your Responsibility: You are solely responsible for the accuracy, quality, integrity, and legality of Your Data and the means by which you acquired it. You represent that you have all necessary rights to submit Your Data to the Service.

Data Export: You may request an export of Your Data at any time by contacting us.

Data Deletion: Upon account termination, we will retain Your Data for up to 90 days to allow for export, after which it will be permanently deleted.

6. Privacy and Security

Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy. While we implement reasonable security measures to protect Your Data, no method of transmission or storage is 100% secure. You acknowledge that you provide Your Data at your own risk.

You are responsible for maintaining the security of your account credentials and for any activities conducted through your account.

7. Intellectual Property

FyneDesk, including its name, logo, design, features, functionality, and all related intellectual property, is owned by FyneDesk and protected by applicable intellectual property laws. These Terms do not grant you any rights to use our trademarks, logos, or branding without prior written consent.

We welcome feedback and suggestions about our Service. By submitting feedback, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such feedback into the Service without any obligation to you.

8. Service Availability and Modifications

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Unscheduled emergency maintenance
• Factors beyond our reasonable control

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

9. Third-Party Services

The Service may integrate with or contain links to third-party services. We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk and subject to their respective terms and conditions.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FYNEDESK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless FyneDesk and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) Your Data; (c) your violation of these Terms; (d) your violation of any rights of a third party; or (e) any claim that Your Data caused damage to a third party.

13. Termination

You may stop using the Service and close your account at any time by contacting us at support@fynedesk.io.

We may suspend or terminate your access to the Service immediately, without prior notice or liability, if: (a) you breach any provision of these Terms; (b) we are required to do so by law; (c) we reasonably believe your conduct may expose us or others to legal liability; or (d) we decide to discontinue the Service.

Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

15. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and FyneDesk regarding the Service and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

16. Contact

If you have any questions about these Terms, please contact us at support@fynedesk.io.