1. Introduction
These Terms and Conditions (“Terms“) govern:
- The use of our Software-as-a-Service (SaaS) platform (“Service“), and
- Any other related agreement or legal relationship with Deskhero AB (“we,” “us,” or “our“).
By registering for or using our Service, Clients confirm that they have read, understood, and agree to be bound by these Terms.
2. Definitions
- Client: A business or entity that has entered into an agreement with Deskhero AB to use the Service.
- User: An employee or agent of the Client who is authorized to use the Service.
- Client’s Customer: An individual who interacts with the Client through the Service.
- Service: The SaaS helpdesk ticketing platform provided by Deskhero AB.
- Agreement: These Terms and any other related agreements between Deskhero AB and the Client.
- Acceptable Use Policy (AUP): The policy outlining acceptable use of the Service, incorporated by reference into these Terms.
3. Owner of the Service
Deskhero AB
KIVRA: 559415-4170
106 31, Stockholm, Sweden
Contact Email: support@deskhero.com
4. Account Registration and Responsibilities
4.1 Registration
To use the Service, Clients must register an account by providing accurate and complete information. Clients are responsible for updating their information to keep it current.
4.2 Account Security
Clients are responsible for maintaining the confidentiality and security of their account credentials. Clients must ensure that their Users do the same.
4.3 Responsibility for Users
Clients are responsible for all activities conducted under their accounts, including actions taken by their Users and any unauthorized access resulting from Clients’ failure to protect their account information.
4.4 Self-Service Account Termination
Clients may terminate their accounts at any time using the self-service feature provided within the Service.
5. Acceptable Use
5.1 Compliance with Acceptable Use Policy
- Clients and their Users must comply with our Acceptable Use Policy (AUP), which is hereby incorporated by reference into these Terms.
- The Acceptable Use Policy outlines the rules and guidelines for the use of our Service.
5.2 Responsibility for Users
- Clients are responsible for ensuring that their Users comply with the Acceptable Use Policy.
- Any violation of the Acceptable Use Policy by a User may be considered a violation by the Client.
5.3 Enforcement
- We reserve the right to suspend or terminate access to the Service for any Client or User that violates the Acceptable Use Policy, with or without notice.
6. Service Availability and Support
6.1 Service Performance
We will use commercially reasonable efforts to make the Service available 24/7, excluding scheduled maintenance and circumstances beyond our control.
6.2 Support
We offer support to Clients via email at support@deskhero.com during our standard business hours.
7. Changes to the Terms
7.1 Notification of Changes
We may update these Terms from time to time. We will notify Clients of significant changes by:
- Sending an email to the registered email address.
- Displaying a notice upon Client’s next sign-in to the Service.
7.2 Acceptance of Changes
Continued use of the Service after changes have been made constitutes acceptance of the updated Terms. If a Client does not agree to the new Terms, they may terminate their account.
8. Fees and Payment
8.1 Pricing
Clients agree to pay all fees specified in the pricing plan selected during registration or as otherwise agreed upon.
8.2 Payment Terms
- All fees are due in advance and are non-refundable, unless otherwise stated.
- Payments are processed through our third-party payment processor, and we do not store any payment information.
8.3 Taxes
Clients are responsible for all applicable taxes, duties, or charges imposed by any governmental authority.
9. Data Protection and Privacy
9.1 Compliance with Laws
Both parties agree to comply with all applicable data protection laws, including the EU General Data Protection Regulation (GDPR) and any other relevant legislation.
9.2 Data Processing Agreement (DPA)
Our Data Processing Agreement (DPA), which outlines how we process personal data on behalf of Clients, is incorporated into these Terms.
9.3 Client’s Responsibilities
Clients are responsible for:
- Obtaining necessary consents from their Users and Client’s Customers.
- Ensuring that their use of the Service complies with applicable laws.
9.4 Data Subject Rights
Clients acknowledge that they are responsible for handling any data subject requests under GDPR. We will assist Clients in fulfilling these requests as outlined in the DPA.
10. Intellectual Property Rights
10.1 Ownership
- Our IP: We retain all rights, title, and interest in and to the Service and all related intellectual property.
- Client Data: Clients retain all rights to their data. We are granted a limited license to process and store Client data solely for providing the Service.
10.2 Restrictions
Clients shall not:
- Copy, modify, or create derivative works of the Service.
- Reverse engineer or attempt to extract the source code of the Service.
11. Confidentiality
Both parties agree to keep confidential information disclosed by the other party confidential and to use it only for purposes related to the Agreement.
12. Limitation of Liability
12.1 Limit of Liability
Deskhero AB’s total liability to the Client for any claim arising out of or relating to the Agreement shall not exceed the total amount paid by the Client in the twelve (12) months preceding the event giving rise to the claim.
12.2 Exclusion of Certain Damages
In no event shall Deskhero AB be liable for any indirect, special, consequential, or punitive damages, including loss of profits, revenue, data, or business interruption, even if advised of the possibility of such damages.
12.3 Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations due to events beyond its reasonable control, including natural disasters, acts of government, terrorism, labor disputes, or Internet disturbances.
13. Indemnification
Clients agree to indemnify and hold Deskhero AB harmless from any claims, damages, liabilities, and expenses arising out of or related to:
- Client’s or Users’ use of the Service.
- Violation of these Terms or the Acceptable Use Policy by the Client or its Users.
- Infringement of any third-party rights by the Client or its Users.
14. Term and Termination
14.1 Term
These Terms commence on the date of acceptance and continue until terminated by either party.
14.2 Termination by Client
Clients may terminate their account at any time using the self-service feature or by providing written notice to Deskhero AB.
14.3 Termination by Deskhero AB
We may suspend or terminate the Service or Agreement if:
- The Client or its Users violate these Terms or the Acceptable Use Policy.
- Required by law.
- We cease offering the Service.
14.4 Effect of Termination
Upon termination:
- Client’s access to the Service will be disabled.
- Data will be retained or deleted in accordance with our DPA and data retention policies.
15. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Sweden.
16. Notices
All notices under these Terms shall be in writing and sent to:
- Deskhero AB: support@deskhero.com
- Client: The email address provided during account registration.
17. Entire Agreement
These Terms, along with the Data Processing Agreement, Acceptable Use Policy, and any other documents incorporated by reference, constitute the entire agreement between Deskhero AB and the Client and supersede all prior agreements.
18. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
19. Waiver
Failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
20. Changes to the Service
We reserve the right to modify or discontinue the Service at any time. We will provide Clients with reasonable notice of any significant changes.
21. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
Email: support@deskhero.com
Address: Deskhero AB, KIVRA: 559415-4170, 106 31, Stockholm, Sweden
By using the Service, Clients acknowledge that they have read, understood, and agree to be bound by these Terms and Conditions.