Terms & Conditions
SuperDesk (“SuperDesk” or “our”, “we”, “us”) provides an application – built on our own technology and algorithms – to manage environments on cloud infrastructure providers such as AWS, Azure (the “App”). Furthermore, we have a website located at https://———- (the “Site”). These Terms of Service (“Terms”) govern your access and use of the App and/or Site. “You” include any entity that uses the App to manage environments on the cloud, including personnel of the entity (together, the “Customer”), as well as any visitor to the Site.
Please take time to read these Terms carefully. They govern your access and use of the App and/or Site as well as any proprietary technology of SuperDesk incorporated therein. By using the App and/or visiting the Site, you are agreeing to both these Terms and our Privacy Policy, which can be found at https: —————–.
We may make changes to these Terms from time to time. If you continue to use the App and/or Site after these changes have been made, we will assume that you have accepted them. If you do not agree to any of these Terms, please do not click “ACCEPT” and do not use the App and/or Site. At the moment, SuperDesk makes certain versions of the App and/or Site available to you free of cost, but we may choose to charge and change the pricing at any time in the future.
Your Account
To use our application, SuperDesk services,
- You must be at least 18 years of age.
- Must provide a valid permanent email address and any other information required during the registration process.
- Your account must be created by a person, not by a bot or automated process
- You are responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.
- You may not use the SuperDesk Service for any illegal or unauthorized purpose, and you must comply with all applicable laws in your jurisdiction.
- SuperDesk reserves the right to refuse service, terminate accounts or remove or edit content at its own discretion.
To gain access to the App, members of the Customer’s team must sign in by providing a valid email ID and creating an account that other Customer personnel can access. SuperDesk reserves the right to deny a request to open an account for any reason, and/or to change the login method.
To protect your account, keep the account information confidential, and do not share the password with anyone else. If someone \else uses your account without authorization, notify us/ SuperDesk immediately. You are solely responsible for the security of your computer system and all activities associated with your account, even if those activities were not done by you.
Limited License
SuperDesk grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to access the Site and/or use the App for internal business purposes at the time of these Terms. The App is made accessible over the Internet and no source code or executables are provided. SuperDesk reserves the right to modify the App and/or Site at any time.
In exchange for your payment of any applicable license fee for the Software, SuperDesk grants you the right to use and run the SOFTWARE on a single computer, without the right to license the SOFTWARE to others.
Restrictions:
You may not store, use, or allow the use of the SOFTWARE on more than one computer at a time. You agree that you won’t reverse engineer, decompile, or disassemble any part of the SOFTWARE. When disposing of any media or device containing SOFTWARE, you must completely erase or otherwise destroy any SOFTWARE stored on such media or device. You are not allowed to distribute, rent, transfer for profit, loan, or otherwise give away the SOFTWARE or any part of it to someone else.
Cancellation
SuperDesk offers a free Trial service that enables you to design and manage your cloud architecture with complete control and ownership of your data. Paid subscription plans provide additional features. You can cancel your subscription at any time online.
All content submitted or created by you in your SuperDesk account is yours and we have no ownership rights of it.
If you wish to cancel your account, you must do so using the “Cancel Subscription” dialog in the App or the “Contact Support” option in the app. You may be asked to provide additional verification for security purposes before any changes or cancellations to your account can be made. You will be solely responsible for any service charges that occurred up until the cancellation date, and your service will remain active until the end of the billing cycle. After the cancellation takes effect, certain provisions of this Agreement will continue to apply, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If you have any further questions, please contact us at support@superdesk.ai
API use
Customers can access their Service data through the Application Program Interface (“API”). By using the API, either directly or through a third-party product, you agree to be bound by the terms of this agreement and the additional terms listed below. SuperDesk shall not be held accountable for any losses or damages caused by your use of the API or a third-party product that accesses the Service.
If you make excessive or abusive requests to the Service via the API, your account may be suspended temporarily or permanently. SuperDesk reserves the right to determine what constitutes abuse or excessive usage of the API.
We will send an email notification to the account owner before taking any action.
Intellectual Property Right
SuperDesk has full ownership of the App and/or Site, associated software, any improvements or changes made to them, and all related intellectual property rights. You may only use the App and/or Site in accordance with the terms of this agreement. If you provide us with any comments, suggestions, or ideas for modifying, correcting, improving, or enhancing the App and/or Site, you are giving SuperDesk the unrestricted right to use such feedback without any obligations to you.
Payment
For paid subscriptions, a valid credit card is required unless your company pays for services annually, in which case payment via invoice and bank transfer is accepted. Those with free accounts are not required to provide a credit card number. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities and the customer is responsible for payment of all applicable taxes, levies, or duties, with the exception of United States (federal or state) income taxes. There will be no refunds or credits for partial months of service, annual payments, or unused months with an open account.
For certain versions and/or features of the App, SuperDesk will require payment in the amounts listed on the Quotation, which may be available online. Customers must abide by the payment terms listed in the Quotation and make the payment without any deductions or withholdings, including taxes.
Modification to the Terms & Conditions, and Pricing:
At any time, we hold the right, to modify or discontinue the SuperDesk Service either temporarily or permanently, we will make every effort to notify our customers of any upcoming maintenance and/or disruptions to the Service. Prices for our service plans are subject to change. We will not be held liable for any such modifications, price changes, suspensions, or discontinuations of our services.
We reserve the right to make changes, modifications, additions, or deletions to these Terms of Service at any time without prior notification. If any changes are unacceptable to you, you must immediately stop using the Service. Your continued use of the SuperDesk Service following any revision to this Agreement means that you have accepted all changes.
NOTE: Any new features or tools released as part of the SuperDesk Service will also be subject to these Terms of Service.
Content Restriction:
Customers must take appropriate steps to ensure the content accessible through the App does not contain any material that infringes the intellectual property, moral rights, or privacy rights of any third party; anything that is considered racially or ethnically insensitive, defamatory, libelous, harassing or threatening; pornographic or obscene material, or material that may be harmful to a minor; any virus, worm, Trojan horse, or other another malicious, harmful, or disruptive component; or anything that encourages criminal conduct, civil liability, violation of laws or regulations, or is otherwise inappropriate.
SuperDesk only provides the technical management of the cloud service, and Customers are solely responsible and liable for any content stored on the cloud.
The content featured on this Website, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of SuperDesk or its content suppliers and is protected by US and international copyright laws. The compilation of all content on this Website is the exclusive property of SuperDesk and is also protected by US and international copyright laws.
The trademarks, service marks, graphics, and logos used in connection with the Website may belong to other third parties. You do not have the right to reproduce or use any SuperDesk or third-party trademarks when using the Website. The content you submit or create in your SuperDesk account will remain yours. We are only granted limited rights to your content which are necessary for us to provide the SuperDesk Service. You may use the visual representations created by SuperDesk for any purpose that does not hinder the business operations of SuperDesk, including private, public, and commercial use.
Data Privacy
SuperDesk collects certain data related to the Customer’s systems, code, and users (the “Customer Data”) to provide the App and associated analytics. This includes data uploaded to the cloud and data regarding how the systems and cloud are used, planned, accessed, and developed by the Customer’s employees and service providers. SuperDesk is committed to protecting the confidentiality, security, and integrity of Customer Data and will implement appropriate security measures to do so.
SuperDesk will not disclose this Customer Data to third parties or use it for anything other than providing services to Customer or as required by law. Certified SuperDesk analysts may have access to Customer Data to understand Customer’s needs, make recommendations, and provide support. SuperDesk may also use Customer Data to generate analysis and reports for Customer, as well as aggregate anonymous data, to provide benchmarks and improve the App, including its algorithms and models. Customer confirms that they have the right to provide SuperDesk with access to Customer Data and will provide its employees and service providers with all necessary notices under applicable law regarding the use of the App. SuperDesk may also transfer Customer Data to other jurisdictions to provide the App and associated analytics.
Indemnification
SuperDesk will defend any claims that their Solution infringes any third party’s intellectual property rights from countries that are a part of the Berne Convention. They will also indemnify the Customer for any damages resulting from the claim, provided the Customer notifies SuperDesk in writing and supports them in the defense and settlement negotiations. If the Solution does infringe, SuperDesk will either obtain the Customer’s right to continue using the Solution, modify it, replace it, or terminate the Agreement and offer a refund. These indemnifications do not apply if the infringement is due to the Customer using the Solution in an unapproved way, modifications or enhancements made by them, or the combination, use, or operation of the Solution with products not provided by SuperDesk.
The Customer shall indemnify and hold SuperDesk harmless, and its officers, directors, employees, agents, members, and licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and court costs) arising from or related to ((i) their breach of any provision of these Terms, (ii) their breach of any laws including, without limitation privacy laws; or (iii) any claim in respect of the content of any material provided by them or their personnel through the App.
Warranties and Representations
The customer guarantees and confirms that: (a) the customer is legally established and in good standing in their place of organization or incorporation, and has authorized these Terms; (b) the customer has the authority to enter into and fulfill these Terms and grant the rights mentioned here; and (c) the customer is not breaking any agreement or third-party rights by signing these Terms and carrying out the obligations.Disclaimer of warranties
SuperDesk does not make any representations or warranties about the services, app, and/or site, including any implied or statutory warranties of merchantability, fitness for a particular purpose, or non-infringement. SuperDesk does not guarantee \the app, site, and/or services will always be available, and does not warrant the services will be uninterrupted.
SuperDesk is not responsible for any outages in public internet backbones, networks, or servers, nor any failures of your equipment, systems, or local access services. SuperDesk is also not liable for any disruptions in service due to events such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in internet services to an area where SuperDesk ‘s or your servers are located.