Terms of Service
1. Scope and Acceptance of Terms of Service
- These Terms of Service (“Terms”) are entered into by TeamMeister – Lohse & Mock GbR (“Deskmeister”) and the entity executing these terms (“You”). These terms govern your access and use of the Deskmeister Service (the “Service”) and of the website available at the domain name “Deskmeister.com” or any other site operated by Deskmeister (the “Website”).
- BY COMPLETING THE REGISTRATION PROCESS, OR BY ACCESSING OR USING THE SITE OR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND UNDERSTOOD THESE TERMS AND ACCEPT THESE TERMS AND HAVE THE AUTHORITY TO ACT ON BEHALF OF THE OWNER OF THIS ACCOUNT.
- Deskmeister reserves the right to modify these Terms at any time. Changes will become effective no sooner than 14 days after Deskmeister has notified you of modifications to these Terms. Deskmeister will notify You about any changes via email. If You do not agree to the modified Terms, your sole and exclusive remedy is to discontinue using the Service and Website. In this case, You can cancel Your account with us without further obligation, except for the amount due for the balance of the billing period in which you decide to cancel your account.
2. Description of Service
- Service means the web-based time-tracking, invoicing and accounting service and other small business related services made available by Deskmeister via the Website. Deskmeister reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
- You acknowledge and agree that You must provide for Your own access to the World Wide Web and pay all fees related to such access, including but not limited to all necessary equipment to make such connection, all access devices and any service fees.
- Subject to these Terms, Deskmeister grants You a limited, non-exclusive, revocable, non-transferable right to use the Service. Your use of the Service may be subject to limitations, including but not limited to monthly usage volumes or particular functionality, according to Your subscription type.
- You must be at least of the age of majority to use the Service. You may only use the Service for Your own lawful commercial purposes. Deskmeister reserves the right to refuse service to anyone at any time without notice for any reason.
4. Your Obligations
- If You register for the Service You agree and warrant that You provide us with Your true, current and complete information as requested by the registration form and/or in connection with Your use of the Service.
- You must protect all usernames and passwords required to access the Service. You must immediately notify Deskmeister upon learning of any unauthorized use of Your account or any other breach of security.
- You acknowledge and agree that You will solely use the Service in compliance with all applicable laws.
- When accessing and using the service, You must:
You agree to hold harmless and indemnify Deskmeister, and its officers, employees or partners, from and against any third party claim arising from Your use of the Service, or any violation of these Terms.
- Not conduct any attempt to undermine the security of the Service;
- Not use, or misuse, the Service in a way that adversely affects the functionality or performance of the Service;
- Not use the Service for any fraudulent or inappropriate purpose;
- Not post, upload, distribute, store or create through the Services any content that is unlawful, harassing, abusive, obscene, fraudulent, or otherwise objectionable as determined by Deskmeister;
- Not post, upload, distribute, store or create through the Services any content that may infringe any patent, trademark or other intellectual or proprietary right;
- Not use the Service to send commercial or other messages to any third-party if those messages are not solicited or authorized by the party;
- Not attempt to copy, reproduce, reverse engineer or decompile any part of the Service.
5. Free Trial; Fees and Payment Terms
- When You first sign up for the Service, Deskmeister offers You a one-time free trial usage of the Service, with no obligation to continue to use the Service.
- If You choose to continue using the Service thereafter, You need to choose a subscription type. If You choose one of our paid subscriptions, You will need to add your payment details to Your account. You will be billed from the day You first added Your payment details to Your account. All paid subscriptions are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months and/or upgrades or downgrades of accounts. Deskmeister reserves the right to change paid subscription fees and available subscription types at any time. Changes will become effective no sooner than 30 days after Deskmeister has notified You of these changes. All fees are exclusive of all taxes or duties that may be applicable. You are solely responsible for all taxes applicable to the fees and charges in the jurisdiction that applies to You.
- Deskmeister offers a forever free account that is subjected to limitations, including but not limited to monthly usage volumes or particular functionality.
6. Termination and Cancellation
- A cancellation by the customer is possible at any time to the end of the current billing period. The cancellation can be done in written form or via the ‘Account and Billing’ Information Tab in Your account settings inside the Deskmeister application.
- If payments are delayed or not done, Deskmeister reserves the right to suspend Your access to the Service. When the payment hasn't occurred within 4 weeks, Deskmeister reserves the right to cancel Your account and delete all data associated with Your account. All outstanding debts are still valid.
- The user is responsible for making backups of his data before the cancellation of his account. 14 days after the cancellation of the contract, Your account and all its data will be irrevocably deleted.
- In case of an abusive use of the Service (see §4) by You, Deskmeister reserves the right to end the contract with You immediately.
7. Accessibility, Warranties and Liabilities
- Deskmeister does not warrant the following points:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESKMEISTER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND.
- The Service is 100% available and operates without errors on any device;
- Errors and bugs will be fixed;
- All numbers and calculations are correct;
- DESKMEISTER DOES NOT WARRANT OR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES;
- DESKMEISTER DOES NOT WARRANT FOR LOSSES AND DAMAGES WHICH OCCUR BECAUSE OF THE USE OF THIS SERVICE AND CAN BE PREVENTED BY THE USER (E.G. DATA LOSS, MISINTERPRETATIONS, NONCOMPLIANCE OF GOVERNMENTAL STANDARDS).
- You acknowledge and agree that Deskmeister may provide you with information about updates, technical notifications, postings on Deskmeister services and other information which are related to the Service, via email.
10. Final Provisions
- These terms of law are governed by German law under exclusion of the Convention of Contracts for the International Sales of Goods (CISG).
- The address of record of Deskmeister is the competent court of jurisdiction.
- When parts of this general business terms are proven ineffective, the rest is still valid.
Last Update: January 2014