Terms of service

DeskOfficer, Inc.

3218 Gonzales St. Unit 1384 Austin, Texas 78702 help [at] deskofficer.ai

This page represents a legal document and is the Terms and Conditions (Agreement) for our Website https://www.deskofficer.ai as a service named DeskOfficer, collectively and hereinafter called "Platform."

Definitions

The terms "us", "we", and "our" refer to our company DeskOfficer, Inc., the owner of the Platform. A "Visitor" is someone who merely browses our Platform. A "Member" is someone who has registered with us to use our Platform either as an individual who downloads our mobile app for personal use, or a public safety agency. The term "User" is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, design, and data offered through our Platform, whether produced by our Members or by us, are collectively known as our "Content." We distinguish content posted by our Members as "Member Content."

Acceptance of Agreement

This Agreement is between you and DeskOfficer, Inc.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR PLATFORM CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR PLATFORM IMMEDIATELY AND DO NOT USE THEM ANY FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and DeskOfficer, Inc. and supersedes all other Agreements, representations, warranties, and understandings concerning our Platform and the subject matter contained herein.

Privacy Notice

Our Privacy Notice is considered part of this Agreement and is available for you to review at: deskofficer.ai/privacy.

Arbitration

Any legal controversy or claim arising from or relating to this Agreement and/or our Platform, excluding legal action taken by us to collect or recover damages for — or obtain any injunction relating to — intellectual property and our Platform, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Austin, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Each party will bear half the arbitration fees and costs.

Choice of Law and Jurisdiction

This Agreement will be treated as if it were executed and performed in Austin, Texas, and will be governed by and construed in accordance with the laws of the state of Texas without regard to conflict of law provisions. Any cause of action by you with respect to our Platform must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Limited License

DeskOfficer, Inc. grants you a nonexclusive, nontransferable, revocable license to access and use our Platform strictly in accordance with this Agreement. Your use of our Platform is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Platform may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Platform and any software provided therein.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and DeskOfficer, Inc.

Our Intellectual Property

Our Platform may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Platform does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of DeskOfficer, Inc.

Our Content, as found within our Platform, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Platform does not grant you any ownership rights to our Content.

Eligibility and Registration for Membership

To use our Platform, you must register with us to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Platform is intended solely for Users who are at least 16 years of age or older. Any registration by, use of, or access to our Platform by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions.

When you complete the registration process, you will receive a password that will allow you to access our Platform. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality. You agree to immediately notify us of any unauthorized use of your password or any other breach of security.

Errors, Corrections, and Changes

We do not represent or warrant that our Platform will be error-free or free from viruses or other harmful components. DeskOfficer, Inc. reserves the right at our sole discretion to change any content, software, and other items used or contained in our Platform at any time without notice.

Disclaimer

Our Platform publishes content supplied by third parties, Users, advertisers, merchants, and sponsors. DeskOfficer, Inc. has no editorial control over such content. Any opinions or other information expressed or made available by third parties are those of the respective author(s) and not of DeskOfficer, Inc.

You understand that we do not operate or control the products or services offered by third-party merchants. All rules, legal documents, and operating procedures of merchants will apply to you while on any merchant websites.

Warranty Disclaimer

Our Platform may be temporarily unavailable from time to time for maintenance or other reasons. DeskOfficer, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to Member communications.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR PLATFORM ARE PROVIDED 'AS-IS', 'AS AVAILABLE', WITH 'ALL FAULTS', AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED. OUR PLATFORM MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. DESKOFFICER, INC. HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR PLATFORM.

WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability

IN NO EVENT WILL DESKOFFICER, INC. OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR PLATFORM. DESKOFFICER, INC.'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SERVICES ACCESSED DURING THE PREVIOUS MONTH PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Member Conduct

Members may post their content through our Platform (Member Content). DeskOfficer, Inc. is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, DeskOfficer, Inc. will submit all necessary information to relevant authorities.

As a Member, you agree not to use our Platform to:

Upload or transmit content that violates any local, state, federal, or international laws
Infringe on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
Harm, threaten, defame, promote violence or illegal activities, or post content that is vulgar, obscene, abusive, harassing, or hateful
Transmit software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or chain letters
Develop competing platforms, create compilations, redistribute, decompile, disassemble, or reverse engineer our Platform

Use of Information

You grant DeskOfficer, Inc. a license to use the information and materials you post to our Platform in connection with the operation of the business, including the right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.

Links to Other Websites

Our Platform may from time to time contain links to third-party websites. The inclusion of links does not mean that we endorse, guarantee, warrant, or recommend the services, information, or content of such third-party websites. You access any third-party websites at your own risk.

Payments

You represent and warrant that if you are purchasing something from us: (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

Termination of Membership

Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Certain provisions of this Agreement, including copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of our Platform.

Severability and Survival

Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision.

Changes to Our Terms and Conditions

We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. These changes will become effective 30 days after receipt of the notice. Your continued use of our Platform after any change to these Terms and Conditions will constitute your acceptance of such change.