Last updated: December 1, 2019


Summary

This page explains our Terms of Service, which contains important information about your legal rights. When you use Eondesk, you’re agreeing to these terms. Annotations has been included in these block quotes to help make the terms easier to understand. The annotations aren’t part of the official terms, but are intended to clarify key sections and help you follow the text.

These Terms of Service (“Terms”) cover your use of and access to the sites, templates, products, applications, tools and features (collectively, the “Services”) provided by Eondesk. Our Privacy Policy explains what personal information we collect and how it’s used and shared.

By using or accessing the Services, you’re agreeing to these Terms and our Privacy Policy (collectively, this “Agreement”). If you’re using the Services for an organization, you’re agreeing to this Agreement on behalf of that organization, and represent and warrant that you can do so. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.

1. Creating an Account

Summary

Make sure your account information is accurate, and you keep your account safe. You’re responsible for your account and any activity on it. Also, you need to be at least 18 years old to use Eondesk.

1.1. Signing Up. To use the Services, you must first create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you.

1.2. Staying Safe. Please safeguard your Account and make sure others don’t have access to your Account or password or key. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password or key. You’re solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection with your Account.

1.3. Age Requirement. The Services are not intended for and may not be used by children under the age of . By using the Services, you represent that you’re at least 18.

1.4 Account Access

In some cases, it is necessary for Eondesk employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Eondesk employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.

2. Your Content

Summary

You give us permission to use your content in the ways necessary to provide our services.

2.1. Your Content Stays Yours. Users of the Services may provide us with content, including without limitation text, photos, images, audio, video, code, any other materials (“User Content”). Your User Content stays yours. These Terms don’t give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.

2.2. Your License To Us. When you provide User Content via the Services, you grant Eondesk a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.

3. Your Responsibilities

Summary

You’re responsible for the content you publish on Eondesk, and you vouch to us that it’s all okay to use. We also ask that you follow our rules, and don’t do anything illegal on here. And keep in mind that some of what you publish can be viewed publicly, so share responsibly. Finally, while you can do amazing things on Eondesk, remember that we can’t give you legal advice about it.

3.1. Only Use Content You’re Allowed To Use. You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services. If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. Content on the Services may be protected by others’ intellectual property or other rights, so please don’t connect, copy, upload, download or share content unless you have the right to do so.

3.2. The Service is made available to you in reliance upon the following representations and warranties: You are at least eighteen (18) years old or age of majority, whichever, is higher. You will not use the Service for the purpose of violating any statute, rule, or regulation. You will not use the Service to facilitate the distribution of computer viruses, spyware, or any other malicious code. You will not use the Service to display posts that infringe upon the proprietary rights of third parties, including without limitation intellectual property rights, or rights of publicity or privacy; and you will not use the Service in any manner other than as described herein.

3.3. Follow The Law. You represent that your use of the Services is not contrary to law, including without limitation applicable SE as well as US export controls, regulations and sanctions.

3.4. Share Responsibly. The Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We’re not responsible for what you share via the Services.

4. Third Party Services And Sites, User Content

Summary

If you use another service on Eondesk, or follow a link to another site, or work with someone you find on Eondesk, what happens is between you and them. We’re not responsible for it. And we’re not responsible for content uploaded by our users (like you) either.

4.1. Third Party Services. The Services are integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products, such as domain and email services, or marketplaces to connect customers and vendors. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don’t control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).

4.2. Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.

4.3. User Content. We haven’t reviewed and can’t review all of the User Content made available via the Services. The Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we don’t represent or imply that we endorse User Content provided therein, or that we believe such User Content to be accurate, useful or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services. You’re responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services.

5. Our Intellectual Property

Summary

Eondesk is protected by various intellectual property laws. This section summarizes what we own and how we share.

5.1. The Services are protected by copyright, trademark and other SE and foreign laws. These Terms don’t grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property, or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services.

5.2. We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.

5.3. Demo content is only for private use. We may provide templates or other products featuring demo content including without limitation text, photos, images, graphics, audio, video and other materials (“Demo Content”), to provide you with ideas or inspiration. However, Demo Content is for private use only (unless we tell you otherwise). You agree that you will not distribute, publicly display, publicly perform or otherwise publish any Demo Content (or any portion thereof).

5.4. Beta. We may release products and features that we’re still testing and evaluating. Those Services have been marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other services, so please keep that in mind.

6. Our Rights

Summary

To operate effectively and protect the security and integrity of Eondesk, we need to maintain control over what happens on our services.

6.1. Our Rights. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; (e) we may terminate, suspend or restrict access to your Account or Your Sites; and (f) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).

6.2. Ownership Disputes. Sometimes, ownership of an Account or site is disputed between one or more parties, such as a business and its employee, or a web designer and their client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, a credit card invoice or a business license, to help determine the rightful owner.

7. Privacy

Our Privacy Policy explains how we collect, use and share your and your End Users’ information. By using the Services, you agree to our collection, use and sharing of information as set forth in the Privacy Policy.

8. Copyright

Summary

We comply with copyright law, and respond to complaints about copyright infringement in accordance with our Copyright Policy.

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.

9. Paid Services And Fees

Summary

Some Eondesk services are paid services. This section explains how we handle payments for those services. Services, some are paid services and we’ll automatically bill you in regular intervals according to the service plan (such as monthly or annually) unless you disable auto-renewal or cancel your subscription. You can do that anytime.

9.1. Fees. You can access certain portions of the Services by submitting a fee payment (such additional services, “Paid Services”). Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services or by contacting Customer Support. If you don’t pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, unless otherwise indicated.

9.3. Automatic Subscription Renewals. To ensure uninterrupted service, we’ll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you’re on a monthly subscription plan, each billable renewal period will be for one month. We’ll automatically charge you the applicable amount using the payment method you have on file with us. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time via the Services or by contacting Customer Support.

9.4. Refunds. While you may cancel any Paid Services at any time, you won’t be issued a refund except in our sole discretion, or if legally required (such as for qualifying users in the EU).

9.5. Fee Changes. We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don’t agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.

9.6. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Support before filing a Chargeback. We reserve our right to dispute any Chargeback.

9.7. Our Payment Processor. We use a third party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s Terms of Service and Privacy Policy. We don’t control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

10. Term And Termination

This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact Customer Support or simply stop using the Services at any time. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re violating our policies. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution and Additional Terms.

11. Warranty Disclaimers

We work hard to make Eondesk great, but the Services are provided as is, without warranties.
To the fullest extent permitted by law, Eondesk makes no warranties, either express or implied, about the Services. The Services are provided “as is.” Eondesk also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Eondesk shall create any warranty. Eondesk makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.

12. Limitation Of Liability

Summary

If something bad happens as a result of your using Eondesk, our liability is capped.

To the fullest extent permitted by law, in no event will Eondesk be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content and eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Eondesk has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of Eondesk for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to Eondesk in the twelve (12) months immediately preceding the event that gave rise to such claim. Some places don’t allow the types of limitations in this paragraph, so they may not apply to you.

13. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless Eondesk from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys’ fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content and Your Sites; (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.

14. Dispute Resolution

You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, you are waiving the right to a trial by jury or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated. This agreement to arbitrate includes, but is not limited to, claims arising out of or relating to the Service or your use thereof, regardless of when they may arise.

15. Additional Terms

Summary

This Agreement is the whole agreement between us regarding your use of Eondesk. If we ever change it in a way that meaningfully reduces your rights, we’ll give you notice and an opportunity to cancel. Also, if you’re reading this in a language other than English, note that the English language version controls.

15.1. Entire Agreement. This Agreement constitutes the entire agreement between you and Eondesk regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.

15.2. Controlling Law. This Agreement and the Services shall be governed in all respects by the laws of Sweden, without regard to its conflict of law provisions.

15.3. Waiver, Severability And Assignment. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

15.4. Modifications. We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.

15.5. Translation. This Agreement was originally written in English (US). We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control.