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 DESKLESSWORKERS PRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES DESKLESSWORKERS 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. YOUR USE OF THE PLATFORM, AND DESKLESSWORKERS'S PROVISION OF THE PLATFORM TO YOU, CONSTITUTES AN AGREEMENT BY DESKLESSWORKERS AND BY YOU TO BE BOUND BY THESE TERMS.
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.
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”).
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. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Platform on such entity’s behalf.
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. When you register, you will be asked to provide a password. 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.
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. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
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. We encourage you to check our website periodically for current pricing information. 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. Deskless Workers, at its sole discretion, may make promotional offers with different features and different pricing to any of Deskless Workers’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
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. If you pay any fees with a credit card, Deskless Workers may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
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 for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Platform. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. 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 to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Platform by accessing your account settings or by contacting us at: admin@desklessworkers.com.
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.
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.
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. If you are prohibited under applicable law from using the Platform, you may not use it.
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, including to improve the Platform and create other products and Platforms.
The Platform is owned and operated by Deskless Workers. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, Platforms, templates, 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. Except as expressly authorized by Deskless Workers, you may not make use of the Materials. Deskless Workers reserves all rights to the Materials not granted expressly in these Terms.
Deskless Workers provides tools through the Platform that enable you to import and export information, including User Content, to and from third party Platforms, including through features that allow you to link your account on Deskless Workers with an account on a third party Platform, such as YouTube or Facebook. By using one of these tools, you agree that Deskless Workers may transfer that information to and from the applicable third party Platform. 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.
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”). Although the Platform is provided to you subject to these Terms, 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 or to limit your use of Third Party Components under those third party licenses.
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. It is your responsibility to ensure that you have all necessary rights to use any Video Content.
Deskless Workers may make available Video Content from third party partners. Use of any partner media is covered by their respective agreements.
Certain features of the Platform may permit users to upload content to the Platform, including videos, photographs, graphics, music tracks, text, icons, and other types of works (“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. Nevertheless, we need certain permission from you in order to provide the Platform.
By providing User Content to or via the Platform, you grant Deskless Workers a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, adapt, create derivative works of, reformat, translate, excerpt (in whole or in part), publish and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, 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.
User Content you provide to the Platform will be restricted to your account and will not be shared to other Users of the Platform except as requested by you. If you request User Content to be made available to other Users of the Platform, you grant those Users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Platform.
Deskless Workers disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Platform. By providing User Content via the Platform, you affirm, represent, and warrant that:
Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.
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 or is otherwise objectionable. You understand that when using the Platform you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Deskless Workers with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Deskless Workers does not permit copyright-infringing activities on the Platform.
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. You acknowledge and agree that Deskless Workers reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Platform for operational and other purposes. If at any time Deskless Workers chooses to monitor the content, Deskless Workers still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
BY USING THE PLATFORM YOU AGREE NOT TO:
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 the following address:
Deskless Workers
ATTN: Legal Department (Copyright Notification)
147 154th Place NE
Bellevue, WA 98007
Email: dmca@desklessworkers.com
Any notice alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must include the following information:
It is Deskless Workers’s policy to promptly terminate the accounts of users that are determined by Deskless Workers to be repeat infringers.
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. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
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.
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. You may terminate your account and these Terms at any time as provided in Section 4.3 or by contacting customer Platform at team@Deskless Workers.com.
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; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 12.3, 13, 14, 15, 16 and 17 will survive.
Deskless Workers reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform), 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. Premium Platform fees are not refundable.
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 (together, the “Deskless Workers Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
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, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. DESKLESS WORKERS DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE PLATFORM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DESKLESS WORKERS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM OR DESKLESS WORKERS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF THE DESKLESS WORKERS ENTITIES OR THE PLATFORM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PLATFORM AND YOUR DEALING WITH ANY OTHER PLATFORM USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
HOWEVER, DESKLESS WORKERS DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT DESKLESS WORKERS IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
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 (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) 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, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY DESKLESS WORKERS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
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 OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, 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 CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Notwithstanding anything contained herein, 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. Any judgment on the award by the arbitrator may be entered in a court having jurisdiction thereof. You agree that any claim, action or proceeding arising out of or related to these Terms of Platform or the Platforms must be brought in your individual capacity, and not as a plaintiff or class member in any purported representative or class proceeding. The arbitrator may not consolidate more than one person’s claims. 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.
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. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
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. The parties agree that any disputes between them may be heard only in the state or federal courts in the State of Washington, and the parties hereby consent to venue and jurisdiction in those courts.
By using the Platform, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Deskless Workers
147 154th Place NE
Bellevue, WA 98007
Email: admin@desklessworkers.com
This document was last updated on January 1, 2021.