Terms Of Service
Last updated: 10/18/2024
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the website https://www.tooldesk.co/ (the “Service”) operated by ToolDesk(“us”, “we”, or “our”).
This Terms of Service ("Agreement") is a legally binding agreement between Tooldesk Inc. ("Company," "we," "us," or "our") and you ("User," "you," or "your") governing the use of our Software as a Service ("SaaS") application, ToolDesk, and any related services provided by us. By accessing or using our ToolDesk application, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, you may not use our ToolDesk application.
1. Account Registration
1.1. In order to access and use ToolDesk, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
1.2. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
2. License
2.1. Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use ToolDesk solely for your internal business purposes.
2.2. You may not sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make ToolDesk available to any third party.
3. Intellectual Property
3.1. ToolDesk and all intellectual property rights therein are and shall remain the exclusive property of Tooldesk Inc. Nothing in this Agreement shall convey to you any right, title, or interest in or to ToolDesk except for the limited license expressly granted herein.
4. Data Privacy and Communication
4.1. We will handle any personal data provided by you in accordance with our Privacy Policy, which is incorporated by reference into this Agreement.
4.2. Our email campaigns may use tracking technologies such as web beacons, pixels, and other similar technologies to automatically collect certain information such as your IP address, browser type and version, and email engagement statistics.
4.3. If you wish to unsubscribe from our email campaigns, please click on the Unsubscribe link at the bottom of any marketing email sent from us.
4.4. We use Twilio as our SMS service provider. By using our SMS services, you agree to comply with all applicable US laws and regulations regarding text messaging, including but not limited to the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.
4.5. If you wish to stop receiving text messages from us, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us. You may receive a confirmation message after opting out. Standard message and data rates may apply.
5. Fees and Payment
5.1. The use of ToolDesk may be subject to payment of applicable fees. You agree to pay all fees specified in accordance with the payment terms provided to you at the time of purchase.
5.2. All fees are non-refundable once paid.
6. Disclaimer of Warranties
6.1. ToolDesk is provided on an "as-is" and "as available" basis. We make no representations or warranties of any kind, whether express, implied, statutory, or otherwise, with respect to ToolDesk.
7. Limitation of Liability
7.1. In no event shall Tooldesk Inc. be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost data, or business interruption, arising out of or in connection with this Agreement.
8. Indemnification
8.1. You agree to indemnify, defend, and hold harmless Tooldesk Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of ToolDesk.
9. Governing Law
9.1. This Agreement shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law principles.
10. Amendments
10.1. We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
11. Miscellaneous
11.1. This Agreement constitutes the entire agreement between you and Tooldesk Inc. regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and representations, whether oral or written.