Terms of Service for Deskfirst

Welcome to Deskfirst, a SaaS provider of a cloud collaboration web application that allows multiple users to work simultaneously on a shared workspace with the user experience of the familiar desktop environment (the “Service”).

These terms of use (the “Terms”) constitutes a binding contract between Deskfirst, Inc. ("we", " us", "our" or "Deskfirst "), and you (“User”, “you”). IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS, USE OR UPLOAD ANY DATA TO THE SERVICE.

1. Definitions

1.1. “Feedback” means information or content concerning enhancements, changes or additions to the Service or other offerings by Deskfirst, that are requested, desired or suggested by the User.

1.2. “Web Desktop(s)” means the web-based workspace offered by Deskfirst as part of the Service.

1.3. “Desktop(s) Data” means information: (a) that identifies or depicts the User’s content that is controlled or monitored through the Service, (b) all data uploaded by user to Deskfirst and that is being processed through the Service.

1.4. "Service Data” means the data collected and processed in the course of providing the Service about the User’s use of the Service, performance of the Service, its compatibility and interoperability, but excluding Desktop Data.

2. Access to the Service

2.1. Subject to the provisions of these Terms, Deskfirst grants you a limited, unexclusive, non-sublicensable, free of charge license to use the Service, solely in accordance with these Terms.

2.2. Deskfirst does not warrant and may not be able to provide its services to users in certain regions. Users located in these areas will not be able to sign up and use the service.

2.3. Access to the service is allowed only by signing up with your real name or real business name and your regular email address that identifies you or your business. It is strictly against our terms to sign up using any of the following: (a) fake name, (b) name of another person or business, (c) temporary email address, fake email, or an email address that is not associated with you or your business. Breaching this condition may result in full termination of your account and removal of all its data without prior notice, including all Web Desktops, Desktops Data, and login credentials.

3. Restrictions

You must use the Service in accordance with the guidelines we separately convey to you. While using the Service, you must refrain from:

3.1. remove, or in any manner alter, any product identification, proprietary, trademark, copyright or other notices contained in the Service;

3.2. work around any technical limitations of the Service or use any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service

3.3. breach the security of the Service, identify, probe or scan any security vulnerabilities in the Service;

3.4. use robots, crawlers and similar applications to scrape, harvest, collect or compile content from or through the Service.

3.5. enhance, supplement, modify, adapt, decompile, disseminate, disassemble, recreate, generate, reverse assemble, reverse compile, reverse engineer, or otherwise attempt to identify the underlying source code of the Service; or

3.6. use the Service in order to develop, or create, or permit others to develop or create, a product or service similar or competitive to the Service.

3.7. Intentionally overload the Service and its servers in order to render the Service inoperable (Denial-of-service attack - DDoS).

3.8. Upload to the Service any data that infringes intellectual property rights or breach any applicable law.

4. Intellectual Property

4.1. The Service is a proprietary offering of Deskfirst, protected under copyright laws and international copyright treaties, trade secret law and other intellectual property rights of general applicability. The Service is offered to users for use and access only in accordance with these Terms and is not sold in any other way.

4.2. User may provide Deskfirst with Feedback, including information pertaining to bugs, errors and malfunctions of the Service, performance of the Service, the Service’s compatibility and interoperability, and information or content concerning enhancements, changes or additions to the Service that User requests, desires or suggests. User hereby assigns all right, title and interest in and to the Feedback to Deskfirst, including the right to make commercial use thereof, for any purpose Deskfirst deems appropriate.

4.3. Except as provided herein with respect to User’s personal information, Desktop Data, and User’s limited access to use the Service according to these Terms, these Terms do not grant or assigns to User, any other license, right, title, or interest in or to the Service or the intellectual property rights associated with it. All rights, title and interest, including copyrights, trademarks, trade names, trade secrets and other intellectual property rights, and any goodwill associated therewith, in and to the Service or any part thereof, including computer code, graphic design, layout and the user interfaces of the Service, whether or not based on or resulting from Feedback, but excluding Contextual Data, are and will remain at all times, owned by, or licensed, to Deskfirst.

4.4. WE DO NOT CLAIM OWNERSHIP OVER DESKTOP DATA. WHEN YOUR USE OF THE SERVICE INVOLVES DESKTOP DATA, YOU REPRESENT AND WARRANT TO US THAT YOU ARE LAWFULLY PERMITTED TO HAVE US PROCESS THE DESKTOP DATA FOR THE PROVISION OF THE SERVICE TO YOU.

4.5. Subject to User’s written consent, and notwithstanding anything to the contrary herein, Deskfirst may identify User as a User and indicate User as a user of the Service on its website and in other online or offline marketing materials and press releases. User hereby grants Deskfirst a worldwide, non-exclusive, non-transferable, royalty-free and free of charge, license, to use User’s name, logo, and website URL on its website and in other online or offline marketing materials relating to the Service. Deskfirst will use this content strictly in accordance with any usage guidelines sent by User in advance.

5. Notice & Takedown Policy

5.1. You hereby acknowledge, that the Desktop Data being displayed on the Service is not under the control of Deskfirst, and you assume exclusive responsibility for all risks arising from the introduction, use or reliance on such Desktop Data.

5.2. Deskfirst shall not bear any liability incurred by you as a result of the introduction, use or reliance on the Desktop Data being accessed by you via the Service. You further acknowledge and agree that Deskfirst: (i) is not responsible for the availability, accuracy, completeness, quality and / or legality of such Desktop data; (ii) is not liable to you or to any third party for any damage or loss resulting from your entry or use of the materials of such third parties; And (iii) makes no warranty to remove access to Desktop Data through the Service. Your ability to access the Desktop Data does not imply any sponsorship by Deskfirst of any Desktop Data.

5.3. Deskfirst may but has no obligation to monitor Users’ Desktop Data. If you find the Desktop Data shared on the Service offensive or infringes your rights, you may contact us and report at support@deskfirst.com, or by clicking the “Report” button available on the Service. Without derogating the above, you acknowledge that it’s at Deskfirst’s sole discretion to remove any Desktop Data or disable the access of any User who might infringes any of the provisions in this Terms. Deskfirst does not undertake to successfully remove or take any action against any infringing or offensive content.

6. Backup and Security

6.1. The Service does not provide, and is not intended as, data back-up service. Deskfirst may delete User’s Data and Desktop Data from the Service upon termination or to the extent you are abusing your right to use the Service or breaching these Terms, without prior notice. User is responsible for maintaining back-up copies of his data.

6.2. To the extent User has not logged in to his account for more than ninety (90) days (“Inactivity Period”), Deskfirst may at its sole discretion delete User’s Web Desktop(s), including all their Desktop Data and Service Data from the Service. Deskfirst may provide Users a prior notice before reaching the end of the Inactivity Period, for Users to log in and activate their account.

6.3. Deskfirst implements measures to reduce the risks of damage, loss of information and unauthorized access or use of information. These include encryption of data in transit and at rest. However, these measures do not provide absolute information security. Therefore, although efforts are made to secure your Desktop Data, it is not guaranteed, and you cannot expect that the Service will be immune from information security risks.

6.4. You are the sole responsible for keeping your login credentials secret and safe, and sharing Desktop Data safely. When sharing a Web Desktop, we highly recommend you to use the different features that allow you to control the duration of access and identification process of users. When using the “Generate a Shareable Link” feature, you are responsible to make the generated links available only to the desired users, and to prevent them from becoming available by others who are not supposed to access the Web Desktops, and in particular, to prevent the appearance of such links in any public websites, forums, chats, or any other public sources.

7. Payments

7.1. Deskfirst basic Service is being provided to you free of charge. Deskfirst reserves the right to offer its users additional services in the future, subject to additional fees at its sole discretion. If applicable, payment terms shall be determined by Deskfirst and will be displayed on the Service.

8. Termination

8.1. We may, at any time, discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. If we do so on our own accord and not as a result of your violation of these Terms, we will notify you in advance before such termination.

8.2. To the extent you abused your right to use the Service or breached these Terms, Deskfirst reserves its right to terminate your account immediately and ban you from future use of the Service without prior notice, including the removal of your Web Desktop(s), Desktop(s) Data, and Service Data.

9. No Warranty and Limitation on Liability

9.1. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED INCOME OR BENEFITS.

9.2. WE DO NOT WARRANT THAT (1) THE SERVICE WILL OPERATE UNINTERRUPTEDLY, ERROR¬ FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE, AND THE CONTENT AND GUIDANCE AVAILABLE THROUGH IT, WILL MEET YOUR EXPECTATIONS; (4) THE GUIDANCE PROVIDED TO YOU TROUGH THE SERVICE WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS AND BENEFITS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.

9.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT IN THE EVENT OF INTENTIONAL MISCONDUCT, OR BREACH OF CONFIDENTIALITY OBLIGATIONS, THE TOTAL AND AGGREGATE LIABILITY OF DESKFIRST (INCLUDING ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, ADVISORS, AND ANYONE ACTING ON ITS BEHALF), FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE OR THE DESKTOP DATA, SHALL BE LIMITED TO 10$.

10. Indemnification

10.1. You will indemnify and hold us harmless, to the maximum extent permitted by law, from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any allegation or claim brought against us in connection with your use of the Service and your breach of these Terms.

11. Choice of Law

11.1. These Terms shall be construed and enforced pursuant to the laws of the State of Israel. All disputes arising out of or in connection with these Terms will be finally settled under the sole and exclusive jurisdiction of the competent courts in Tel–Aviv without regard to issues arising of conflicts of laws.

12. Changes to these Terms

We may amend the Terms from time to time. In such cases, we will notify you of the amended Terms, through the Service or our Website. If you do not accept the amended Terms, you should immediately stop using the service and email us at support@deskfirst.com. In such case, we may terminate your User Account and remove your Desktop Data and Service Data. Continuing to use the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. The latest version of the Terms will be accessible on our website here.

Last Updated: September 6th, 2021.