Terms and Conditions
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using any of our Services, Web Application (the “App”) and / or Website www.congodesk.com (the “Website”) operated by CongoDesk (“us”, “we”, “our”, or the “Company”). The User is any person who accesses the Website, while the App User is any person that uses the App (after being granted access by the Company). A person using the App with permission from the App User is considered an App User as well.
By using the Website and/or App the User accepts all risks arising from the use and accepts to use the Website and/or App solely for personal use and at their own risk.
The Company fully disclaims any liability in any way arising from, or is in any way related to the use of the Website and/or App, for any user action use or abuse of the Website and/or App. The company disclaims any liability for any damages that may arise to the User / App User or to any third party in connection with the use or misuse of the Website and/or App.
The Company will not be responsible for any damage or any type of direct or indirect loss (eg. loss of profits, loss of a particular client or market, financial loss or loss of any other data, loss of reputation, loss of business opportunities) that occurred to the User or the App User due to inability to use the Website and/or App due to poor handling by the User / App User, or unavailability of the Website and/or App that resulted from technical problems or force majeure, errors in the Website and/or App, the inadequacy of the Website and/or App for business needs of the User / App User.
The User can rent the App in its final form, per principle of ”as is”. The Company excludes any guarantee regarding any defects in the App. Although the Company is continuously testing and maintaining the App, it cannot guarantee there will be no errors or possible malfunctions when using the App. In any case, the Company will take all necessary steps to repair the errors as soon as possible.
The Company cannot be held responsible for damages caused due to loss or destruction of data, unauthorized access, unauthorized changes, unauthorized publishing or any other abuse, especially when these circumstances are caused by force majeure, failure of equipment, or misuse, or under the influence of other licensed and unlicensed computer programs, viruses or other harmful effects.
We may terminate or suspend your access to the Website and/or App immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The CongoDesk App is a subscription-based service (SaaS) in which can be canceled at any time without additional costs. However, please note that we do not offer refunds.
You agree to defend, indemnify and hold harmless CongoDesk and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Website and/or App, or b) a breach of these Terms.
Limitation of Liability
In no event shall CongoDesk, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website and/or App; (ii) any conduct or content of any third party on the Website and/or App; (iii) any content obtained from the Website and/or App; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Website and/or App is at your sole risk. The Website and/or App is provided on an “AS IS” and “AS AVAILABLE” basis. The Website and/or App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
CongoDesk its subsidiaries, affiliates, and its licensors do not warrant that a) the Website and/or App will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website and/or App is free of viruses or other harmful components; or d) the results of using the Website and/or App will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
CongoDesk does not tolerate content that appears to infringe any copyright or other intellectual property rights or otherwise violates these Terms and will respond to notices of alleged copyright infringement that comply with the law and are properly provided to us. Such notices can be reported by contacting us. We reserve the right to delete or disable content alleged to violate these Terms and to terminate repeat infringers.
The Website and/or App and all copyrights, trade secrets and other proprietary rights therein, including any derivative work, are, and will remain the sole property of Company, regardless of the use made by you; and are protected by certain United States and international copyright laws and trademark laws.
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website and/or App, and supersede and replace any prior agreements we might have had between us regarding the Website and/or App.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 10 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Website and/or App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website and/or App.
The Website and App is owned and operated by CongoDesk. You can contact us using our website contact form if needed.