Terms of Service
Thank you for your interest in our products and services (“Services”).
The Services are provided by Cybadesk Technologies Incorporated.
By using our Services, you are agreeing to these terms. Please read them carefully.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try
to access them using a method other than the interface and the instructions that
we provide. You may use our Services only as permitted by law, including applicable
export and re-export control laws and regulations. We may suspend or stop providing
our Services to you if you do not comply with our terms or policies or if we are
investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights
in our Services or the software you access. You may not use content from our Services
unless you are the owner, or obtain permission from its owner, or are otherwise permitted by law. These
terms do not grant you the right to use any branding or logos used in our Services.
Don’t remove, obscure, or alter any legal notices displayed in or along with
our Services.
Our Services may display some content that was not uploaded by Cybadesk. This content is
the sole responsibility of the entity that makes it available. We may review content
to determine whether it is illegal or violates our policies, and we may remove or
refuse to display content that we reasonably believe violates our policies or the
law. But that does not necessarily mean that we review content, so please don’t
assume that we do.
In connection with your use of the Services, we may send you service announcements,
administrative messages, and other information.
Your Online Account With Us
You need a Cybadesk account in order to use many of our Products.
A new system administrator's account will be automatically create for you the first time you subscribe to our services.
It will be the responsibility of your system administrator to create accounts for other users in your company
in line with the subscription you paid for.
You will receive an email containing your login details when an account is created for you.
When you login to our Service for the first time, you will be
required to change your default password and to indicate that you agree with
these terms and our privacy policies
You need a separate Cybadesk account to access each of our product types. You will
only be able to access authorized content relating to the product type you subscribed to.
If you learn of any unauthorized use of your password or account, change your password
immediately. To do so, simply click “Reset Password” from the login page and follow the
instructions.
Refund Policy
Since Cybadesk is offering non-tangible services we do not issue refunds once the order is accomplished and your login access details are mailed to you. As a customer you are responsible for understanding this upon purchasing any service at our site. All subscriptions are time based. Since we deliver our Services to you immediately you pay, there is no refund for partial usage of the Service or unused time period.
However, we realize that exceptional circumstance can take place with regard to the character of the Service we supply. Therefore, we DO honor requests for refund on the following reasons:
- Non-delivery of your login details to your email.
- First time user's inability to login.
Due to some mailing issues of your e-mail provider or your own mail server you might not receive a delivery e-mail from us. In this case we recommend contacting us for assistance. Our technical support team will ensure you get your login details immediately. If you however do not wish to continue with your purchase, you may submit a claim for refund. Claims for non-delivery of your login details must be submitted to our sales department in writing within 7 days from the order placing date.
If you are unable to login to our Service for the very first time due to reasons beyond our control, you may submit a claim for refund. Claims regarding such issues must be submitted to our sales department in writing within 7 days from the order placing date.
If you do not properly contact us during this period, you agree that we may construe silence as a successful login to the Service with no further right of redress or refund. Users who had earlier login successfully to the Service are not eligible for refund due to login issues. Such users should either reset their password or contact our Technical Support department for assistance. Please note that we will only make refunds into your original source of payment.
Privacy and Copyright Protection
Cybadesk’s
privacy policies
explain how we treat your personal data and protect
your privacy when you use our Services. By using our Services, you agree that Cybadesk
can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of
repeat infringers according to the process set out under Canadian Law.
We provide information to help copyright holders manage their intellectual property online.
If you think somebody is violating your copyrights and want to notify us,
you can find information about contacting us in our
contact page.
About Software in our Services
When a Service requires or includes downloadable software, this software may update
automatically on your device once a new version or feature is available.
Some Services may let you adjust your automatic update settings.
Cybadesk gives you a personal, worldwide, royalty-free, non-assignable and
non-exclusive license to use such software provided to you by Cybadesk as part
of the Services. This license is for the sole purpose of enabling you to use and enjoy
the benefit of the Services as provided by Cybadesk, in the manner permitted
by these terms. You may not copy, modify, distribute, sell, or lease any part of our
Services or included software, nor may you reverse engineer or attempt to extract the
source code of that software, unless laws prohibit those restrictions or you have our
written permission.
Open source software is important to us. Some software used in our Services may be
offered under an open source license that we will make available to you. There may
be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove
functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go.
Cybadesk may also stop providing Services to you, or add or create
new limits to our Services at any time.
We believe that you own your data and preserving your access to such data
is important. If we discontinue a Service, where reasonably possible,
we will give you reasonable advance notice and a chance to get information
out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and
care and we hope that you will enjoy using them. But there are certain
things that we don’t promise about our Services.
Other than as expressly set out in these terms or additional terms,
neither Cybadesk nor its suppliers or distributors make any
specific promises about the Services. For example, we don’t make any
commitments about the user's content within the Services,
or the ability of specific functions in our Services to meet
your needs. We provide the Services “as is”.
Some jurisdictions provide for certain warranties, like the implied
warranty of merchantability, fitness for a particular purpose and
non-infringement. To the extent permitted by law, we exclude all
warranties.
Liability for our Services
When permitted by law Cybadesk, and Cybadesk’s
suppliers and distributors, will not be responsible for lost profits,
revenues, or data, financial losses or indirect, special, consequential,
exemplary, or punitive damages.
To the extent permitted by law, the total liability of Cybadesk,
and its suppliers and distributors, for any claims under
these terms, including for any implied warranties, is limited to
the amount you paid us to use the Services (or, if we choose, to
supplying you the Services again).
In all cases, Cybadesk, and its suppliers and distributors,
will not be liable for any loss or damage that is not reasonably
foreseeable.
We recognize that in some countries, you might have legal rights
as a consumer. If you are using the Services for a personal purpose,
then nothing in these terms or any additional terms limits any
consumer legal rights which may not be waived by contract.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Cybadesk and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs and attorneys’ fees.
Your Content in our Services
You are responsible for all content that you create in our Services("Submitted Content"). You represent and warrant that:
- You will provide and maintain accurate account information
- You own or have the necessary licenses, rights, consents, permissions, and authority to authorize Cybadesk to use your Submitted Content as specified in this Terms of Use
- Your Submitted Content will not infringe or misappropriate any third party's intellectual property rights
- Post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information
- Post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user
- Use the Services for business other than automating the Financial Reports of your company
- Engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording
- Frame or embed the Services or otherwise circumvent the Services
- Impersonate another person or gain unauthorized access to another person's account
- Interfere with or otherwise prevent other users from using the services as intended
- Abuse Cybadesk resources, including support services
When you upload or otherwise submit content to our Services, you give Cybadesk (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, display online, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Unless otherwise agreed, you have the right to remove all or any portion of your Submitted Content from the Services at any time. You can find more information about how Cybadesk uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Links to Other Websites
Some content submitted to our Services may contain links to other websites.
Such content is the sole responsibility of the entity that makes it available.
Inclusion of any linked website within our Services does not imply that
we approve or endorse the linked website, nor are we responsible for the opinion
expressed in such websites.
We do not guarantee the accuracy or the correctness of
the content of linked websites within our Services. You are advised to carefully
consider the risk of accessing third-party sites posted within our Service. If you
find any link you consider inappropriate within our Services and want to notify us,
you can find information about contacting us in our
contact page.
About these Terms
We may modify these terms or any additional terms that apply to a
Service to, for example, reflect changes to the law or changes to
our Services. You should look at the terms regularly. Changes will
not apply retroactively and will become effective no sooner than
fourteen days after they are posted. However, changes addressing
new functions for a Service or changes made for legal reasons will
be effective immediately. If you do not agree to the modified terms
for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms,
the additional terms will control for that conflict.
These terms control the relationship between Cybadesk and you.
They do not create any third party beneficiary rights.
You and we agree that no joint venture, partnership, employment, contractor,
or agency relationship exists between us.
If you do not comply with these terms, and we don’t take action
right away, this doesn’t mean that we are giving up any rights
that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable,
this will not affect any other terms.
The courts in some countries will not apply Canadian law to some
types of disputes. If you reside in one of those countries, then
where Canadian law is excluded from applying, your country’s laws
will apply to such disputes related to these terms. Otherwise, you
agree that the laws of the Federal Republic of Nigeria, will apply
to any disputes arising out of or relating to these terms or the Services.
Similarly, if the courts in your country will not permit you to
consent to the jurisdiction and venue of the courts in Canadian,
then your local jurisdiction and venue will apply to such disputes
related to these terms. Otherwise, all claims arising out of or relating
to these terms or the services will be litigated exclusively in the
federal or state courts of the Federal Republic of Nigeria, and you
and Cybadesk consent to personal jurisdiction in those courts.