These Terms of Service (the “Terms”) are a binding legal agreement between you and Deskree Technologies Inc. (“Deskree”, “we”, “us”, “our”). The Terms govern your access to and use of our website, mobile applications, and other services offered by us (collectively the “Platform”).
Deskree is a no-code back-end for mobile, web and other apps which use various Google Cloud Platform services.
In these Terms:
“API Consumer” means any end user of a Project.
“Deskree Parties” means Deskree and its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns.
“Deskree User” means any person, such as you, who uses or creates an account on the Platform.
“Google Cloud Platform Terms” means the Google Cloud Platform Terms of Service (including any document referred to therein), as amended from time to time, currently accessible from https://cloud.google.com/terms.
“Project” means any mobile, web or other app created through, hosted on or which is otherwise accessible using the Platform. For greater certainty, any part of any app which was not created through, is not hosted on or is not accessible from the Platform is not included in the definition of a "Project".
“Third Party Platform” means any third-party website, mobile application or other service which is linked to or integrated with the Platform.
“User Content” means any and all content, material, and information which you or your API Consumer submits, posts, publishes, displays, or transmits to the Platform.
We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. You agree to periodically review these Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these modifications. The information and material on this Platform, and the Platform, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted to users or unavailable at any time or for any period.
3. Your Account and Security
You must be at least 18 years of age to create an account on the Platform. If you are a parent or guardian of a minor who is at least 13 years old, you may permit them to use your account to access the Platform.
Any username, password, or other security information which you have created or which we have provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You understand and agree that your account is personal to you and, except as expressly permitted above, you agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access.
Although we do our best to protect your information, we cannot guarantee the security of information transmitted to our Platform. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other security information in our sole discretion for any reason, including any violation of any provision of these Terms.
You are prohibited from attempting to circumvent and from violating the security of this Platform, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Platform; (f) using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Platform.
4. Intellectual Property Right and Ownership
- You understand and agree that the Platform and, with the exception of User Content, its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Deskree, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
- The “Deskree” name and logo and all related names, logos, product and service names, designs, images and slogans are trademarks of Deskree or its affiliates or licensors. You must not use such marks without the prior written permission of Deskree. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of applicable law and could subject the infringer to legal action.
- Nothing in these Terms grants you any rights in the Platform other than as necessary to enable you to access the Platform. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, in any form or medium whatsoever except as permitted by us under these Terms or as expressly provided under applicable law. Any use of the Platform not expressly permitted by these Terms or under applicable law is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
5. User Content: Grant of Licence
- You are responsible for all User Content submitted to the Platform by you and your API Consumers. By submitting the User Content, you declare and warrant that you own or have the necessary rights to submit the User Content and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns to the User Content and comply with these Terms. You represent and warrant that all User Content comply with applicable laws and regulations and these Terms.
- You understand and agree that you, not Deskree, are fully responsible for any User Content you or your API Consumers submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Content submitted by you or your API Consumers or by any other Deskree User, API Consumer or user of the Platform.
- You grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to display your company name and company logo on our Platform for marketing purposes.
6. Acceptable Use
- As a condition of your access and use, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms and the Google Cloud Platform Terms.
- The following content standards apply to any and all User Content. User Content must comply with all applicable federal, provincial, local, and international laws, regulations and these Terms. Without limiting the foregoing, you warrant and agree that your use of the Platform and any User Content shall not:
- In any manner violate the Google Cloud Platform Terms.
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, disparaging, offensive, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Deskree's sole discretion.
- Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable law.
- Involve, provide or contribute any false, inaccurate or misleading information.
- Impersonate or attempt to impersonate any of the Deskree Parties, another Deskree User, an API Consumer, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
- Transmit spam or other unsolicited communications.
- Encourage any other conduct which, as determined by us, may harm Deskree or users of the Platform or expose them to liability.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.