CONDITIONS OF USE
By using this Service or Application, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the Service or Application accordingly. GGDesk only grants use and access of this Application, its products, and its services to those who have accepted its terms.
You must be at least 18 (eighteen) years of age before you can use this Service or Application. By using this Service or Application, you warrant that you are at least 18 years of age, and you may legally adhere to this Agreement. GGDesk assumes no responsibility for liabilities related to age misrepresentation.
Our subscriptions do not include an Autodesk® Revit® license. A legal Autodesk Revit license must be purchased from Autodesk or its affiliates.
DISCLAIMER OF RESPONSIBILITY FOR DELAY/CANCELLATION, OTHER
GGDesk shall not be liable for any delay or failure to perform in connection with Service, or in the performance of any obligation hereunder or for any unavailability or inaccessibility of Application if such delay, unavailability, inaccessibility, or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, adverse weather conditions, loss, any other attack on the systems of GGDesk, scheduled maintenance of Application or any other cause which is beyond the control of GGDesk. GGDesk is hereby released from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above. In no event shall you pursue GGDesk for any amount in excess of actual subscription fees and GGDesk liability shall be strictly limited to an amount equivalent to the subscription fee actually paid by you.
USE OF THE APPLICATION AND SERVICE
Key Content-related Terms
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information, or other materials.
“GGDesk Content” means Content that GGDesk makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Service or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or Application.
“Collective Content” means, collectively, GGDesk Content and User Content.
“Activate” Activate a user whose license was previously been released. New users must register from the app.
“Remove” Remove a user from the subscription.
“Release” Restriction of use thorough the license such as taking away from an active user.
REPRESENTATIONS AND WARRANTIES
- an administrator is allowed to release only the max number of users in the subscription in a period (e.g., 3 days). For example, if you purchased a subscription for 3 users, you will be only allowed to release 3 times in a 3-day period.
- only use the Service or Application for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
- not use the Service or Application to cause nuisance, annoyance, or inconvenience.
- not impair the proper operation of the network.
- not copy, or distribute the Application or any content provided via Application or as a result of your use of Services without written permission from GGDesk.
- only use the Application and Service for your own use and will not resell it to a third party.
- keep secure the confidential information regarding your account, which allows access to the Service.
- provide us with whatever proof of identity GGDesk may reasonably request.
- only use an access Application on authorized access or internet points.
LICENSE GRANT, RESTRICTIONS, AND COPYRIGHT POLICY LICENSES GRANTED BY GGDESK ITS CONTENT AND USER CONTENT
LICENSE GRANTED TO USER
The User’s license shall be limited to a specific number of Users, and therefore the release feature shall be used to only replace users no longer requiring a license. The Release feature is limited and will require contact with customer support for any excess release required by You. Users can be removed once their applicable license has been previously released. New Users can only be added through the application on the activation dialog.
For good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), including, without limitation, the License Fee set forth above and You affording GGDesk the opportunity for the Copyright Content to be considered to be included in the Production, GGDesk hereby grants to You, the non-exclusive use of the Copyright Content in the Production for the purposes and in the manner set forth herein.
GGDesk’s Intellectual Property. “GGDesk’s Intellectual Property” shall mean, collectively, all trademarks, trade names, copyrights, videos, pictures, information, and other intellectual property rights which GGDesk may now or hereafter own or control with respect to the Copyright Content. Rights granted include in-context and out-of-context advertising, marketing and promotional rights in all media now known or hereafter devised, as well as the use of the Copyright Content in any Territory for the License Period in connection with the production, distribution, exhibition, and exploitation of the Production, as well as all other ancillary and derivative uses and versions of the Production (in whole or in part).
ACCESSING AND DOWNLOADING THE APPLICATION
The following applies to any App Store Sourced Application:
- Users are required to create a GGDesk account before being allowed to use the admin portal.
- The change of an email address will be made by request to our support team to the email: firstname.lastname@example.org.
- Only active users and/or admins con download the apps, and they must verify their email to be allowed to download.
- As a user you must agree to the app End User License Agreement before installing any of our applications.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Service or the Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based computer; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Service or its related systems or networks.
Subscription payments shall be facilitated through PayPal method. You understand and accept that GGDesk cannot cancel a subscription, the User will be required to cancel the subscription via PayPal.
Subscription fees that GGDesk may charge you for the Application or Service, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, GGDesk’s decision to terminate your usage, disruption caused to GGDesk’s Application or Service either planned, accidental or intentional, or any reason whatsoever. GGDesk reserves the right to determine final prevailing pricing.
GGDesk, at its sole discretion, may make promotional offers with different features and different rates to any of GGDesk’s customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. GGDesk may change the fees for GGDesk’s Service or Application, as GGDesk deems necessary for GGDesk’s business. GGDesk’s encourages you to check back at GGDesk’s website periodically if you are interested in how GGDesk’s charge for the Service or Application.
INTELLECTUAL PROPERTY OWNERSHIP
All information, data, and materials presented on this Website, including but not limited to names, logos, prices, and the layout of the Website, are subject to copyright, trademark rights, database rights and/or other intellectual property rights. You may only use this information, data and materials as strictly required for your permitted personal, non-commercial purposes. Any other use of the information, data, materials, without GGDesk’s prior written consent, is prohibited and will constitute a breach of these Terms and Conditions and may infringe GGDesk’s intellectual property rights. In the event of such a breach, GGDesk reserves the right to apply all applicable legal action and proceedings without further notice to you.
GGDESK’S SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. GGDESK IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GGDESK’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL GGDESK BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE). GGDESK SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF GGDESK HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You and GGDesk agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here) unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and GGDesk are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules.
GOVERNING LAW AND JURISDICTION
Effective August 23, 2021