Terms of Service

Thank you for your interest in Deskless Workers Inc., doing business as Deskless Workers ("Deskless Workers," "we," or "us") and our website at desklessworkers.com, along with our related websites, networks, applications, mobile applications, and other Platforms provided by us (collectively, the "Platform"). These Terms of Service are a legally binding contract between you and Deskless Workers regarding your use of the Platform.

PLEASE READ THE FOLLOWING TERMS CAREFULLY

BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE PLATFORM, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE DESKLESS WORKERS PRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES DESKLESS WORKERS MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE PLATFORM.

Please read the Deskless Workers Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Deskless Workers Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

1. Deskless Workers Platform Overview

The Platform provides a video creation tool that enables users to produce videos, incorporating content including videos, photographs, graphics, music tracks, text, icons, and other types of works ("Video Content").

2. Eligibility

You must be at least 16 years old to use the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 16 years old; (b) you have not previously been suspended or removed from the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.

3. Accounts and Registration

To access most features of the Platform, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at admin@desklessworkers.com.

4. General Payment Terms

Premium features of the Platform will require you to pay fees upon registering for the applicable premium Platform. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.

4.1 Price

Deskless Workers reserves the right to determine pricing for the Platform. Deskless Workers will make reasonable efforts to keep pricing information published on the website up to date. Deskless Workers may change the fees for any feature of the Platform, including additional fees or charges, if Deskless Workers gives you advance notice of changes before they apply.

4.2 Authorization

You authorize Deskless Workers to charge all sums for the orders that you make and any level of Platform you select as described in these Terms or published by Deskless Workers, to the payment method specified in your account.

4.3 Subscription Platform and Cancellation Policy

The Platform may include automatically recurring payments for periodic charges ("Subscription Platform"). If you activate a Subscription Platform, you authorize Deskless Workers to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee. You may cancel the Subscription Platform by accessing your account settings or by contacting us at admin@desklessworkers.com.

4.4 Delinquent Accounts

Deskless Workers may suspend or terminate access to the Platform for any account for which any amount is due but unpaid. In addition to the amount due for the Platform, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

5. Licenses

5.1 Permission to Use

Subject to your complete and ongoing compliance with these Terms, Deskless Workers grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Platform for your personal, internal use during the Term at the level of Platform for which you have paid all applicable Fees.

5.2 Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Platform; (b) make modifications to the Platform; or (c) interfere with or circumvent any feature of the Platform, including any security or access control mechanism.

5.3 Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Platform ("Feedback"), then you hereby grant Deskless Workers an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose.

6. Ownership and Proprietary Rights

The Platform is owned and operated by Deskless Workers. The visual interfaces, graphics, design, compilation, information, data, computer code, products, software, and all other elements of the Platform ("Materials") provided by Deskless Workers are protected by intellectual property and other laws. All Materials included in the Platform are the property of Deskless Workers or its third party licensors.

7. Third Party Terms

7.1 Third Party Platforms and Linked Websites

Deskless Workers provides tools through the Platform that enable you to import and export information to and from third party Platforms. Third party Platforms are not under Deskless Workers's control, and Deskless Workers is not responsible for any third party Platform's use of your exported information. The Platform may also contain links to third party websites. Linked websites are not under Deskless Workers's control, and Deskless Workers is not responsible for their content.

7.2 Third Party Software

The Platform may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third Party Components"). Nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses.

8. Content

8.1 Video Content Generally

Certain features of the Platform may allow users to view, select, suggest, recommend, display, remix, and utilize Video Content while producing videos. Deskless Workers does not make any guarantees about any Video Content made available through the Platform.

8.2 Premium Media

Deskless Workers may make available Video Content from third party partners. Use of any partner media is covered by their respective agreements.

8.3 User Content Generally

Certain features of the Platform may permit users to upload content to the Platform ("User Content") and to publish User Content on the Platform. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Platform.

8.4 Limited License Grant to Deskless Workers

By providing User Content to or via the Platform, you grant Deskless Workers a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce, modify, adapt, create derivative works of, reformat, translate, excerpt, publish and distribute your User Content, for the purposes of providing the Platform. Deskless Workers will not sell, publish, or publicly distribute User Content provided to the Platform without permission from you.

8.5 Limited License Grant to Other Users

User Content you provide to the Platform will be restricted to your account and will not be shared to other Users except as requested by you.

8.6 User Content Representations and Warranties

By providing User Content via the Platform, you affirm, represent, and warrant that:

• you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions;
• your User Content does not and will not infringe, violate, or misappropriate any third party right;
• your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

8.7 User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users upload or publish, and will not be in any way responsible or liable for User Content. Deskless Workers may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms.

8.8 Monitoring Content

Deskless Workers does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Platform by its users.

9. Prohibited Conduct

BY USING THE PLATFORM YOU AGREE NOT TO:

• use the Platform for any illegal purpose or in violation of any local, state, national, or international law;
• interfere with security-related features of the Platform;
• modify or create derivatives of any part of the Platform;
• interfere with the operation of the Platform or any user's enjoyment of the Platform;
• perform any fraudulent activity including impersonating any person or entity;
• sell or otherwise transfer the access granted under these Terms or any Materials; or
• attempt to do any of the acts described in this Section 9.

10. Copyright

10.1 Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet Platform providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact our Designated Agent at:

10.2 Repeat Infringers

It is Deskless Workers's policy to promptly terminate the accounts of users that are determined by Deskless Workers to be repeat infringers.

11. Modification of these Terms

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the Platform with actual knowledge of the modified Terms, or (c) thirty (30) days following our publication of the modified Terms through the Platform.

12. Term, Termination and Modification of the Platform

12.1 Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Platform, and ending when terminated as described in Section 12.2.

12.2 Termination

If you violate any provision of these Terms, your authorization to access the Platform and these Terms automatically terminate. In addition, Deskless Workers may, at its sole discretion, terminate these Terms or your account on the Platform, or suspend or terminate your access to the Platform, at any time for any reason or no reason, with or without notice.

12.3 Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Platform; (b) you will no longer be authorized to access your account or the Platform; (c) you must pay Deskless Workers any unpaid amount that was due prior to termination.

12.4 Modification of the Platform

Deskless Workers reserves the right to modify or discontinue the Platform at any time, temporarily or permanently, without notice to you. Deskless Workers will have no liability for any change to the Platform or any suspension or termination of your access to or use of the Platform.

13. Indemnity

You are responsible for your use of the Platform, and you will defend and indemnify Deskless Workers and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, arising out of or connected with: (a) your use of, or misuse of, the Platform; (b) your violation of any portion of these Terms; (c) your violation of any third party right; or (d) any dispute or issue between you and any third party.

14. Disclaimers; No Warranties

THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. DESKLESS WORKERS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DESKLESS WORKERS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY MATERIALS OR CONTENT ON THE PLATFORM.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE DESKLESS WORKERS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE PLATFORM IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO DESKLESS WORKERS FOR ACCESS TO AND USE OF THE PLATFORM IN THE 12 MONTHS PRIOR TO THE EVENT; OR (B) $100.

16. Arbitration

You agree that any legal disputes arising out of or relating to these Terms of Platform or the Platforms shall be submitted to binding arbitration in King County, Washington, USA. You agree that any claim must be brought in your individual capacity, and not as a plaintiff or class member in any purported representative or class proceeding. YOU ACKNOWLEDGE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

17. General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Deskless Workers regarding your use of the Platform.

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflicts of law doctrine.

17.2 Consent to Electronic Communications

By using the Platform, you consent to receiving certain electronic communications from us as further described in our Privacy Policy.

17.3 Contact Information