Terms of Service

Last updated: January 1, 2024

1. Acceptance of Terms

By accessing and using Novumdesk services, including our website, cloud platform (cloud.novumdesk.io), and self-hosted solutions, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

Novumdesk provides a helpdesk platform for managing customer support tickets, communications, and related services. Our services are available in two forms:

  • Cloud Platform: Hosted service accessible at cloud.novumdesk.io
  • Self-Hosted: Software that you install and manage on your own infrastructure

3. User Accounts

To use our services, you must:

  • Provide accurate, current, and complete information during registration
  • Maintain and update your account information to keep it accurate
  • Maintain the security of your password and identification
  • Accept all responsibility for activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

4. Acceptable Use

You agree not to use the service to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Transmit any malicious code, viruses, or harmful data
  • Interfere with or disrupt the service or servers
  • Attempt to gain unauthorized access to any portion of the service
  • Use the service for any illegal or unauthorized purpose
  • Impersonate any person or entity

5. Payment Terms

5.1 Cloud Platform

For cloud platform subscriptions:

  • Fees are billed in advance on a recurring basis
  • All fees are non-refundable except as required by law
  • You are responsible for all applicable taxes
  • We reserve the right to change our pricing with 30 days' notice

5.2 Self-Hosted

Self-hosted licenses are subject to separate license agreements. Contact sales for pricing and terms.

6. Intellectual Property

The service and its original content, features, and functionality are owned by Novumdesk and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

For self-hosted deployments, you are granted a license to use the software in accordance with the applicable license agreement. You retain all rights to your data and content.

7. Data and Privacy

Your use of the service is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs your use of the service, to understand our practices. You retain ownership of all data you submit to the service. We will not access, use, or disclose your data except as necessary to provide the service or as required by law.

8. Service Availability

We strive to provide reliable service but do not guarantee:

  • Uninterrupted or error-free service
  • That defects will be corrected
  • That the service will meet your specific requirements

For cloud platform users, we target 99.9% uptime but do not guarantee this level of availability.

9. Termination

We may terminate or suspend your account and access to the service immediately, without prior notice, for conduct that we believe violates these Terms of Service or is harmful to other users, us, or third parties.

You may cancel your account at any time. Upon termination, your right to use the service will immediately cease. We will provide reasonable assistance to export your data upon request.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOVUMDESK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

12. Indemnification

You agree to defend, indemnify, and hold harmless Novumdesk and its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the service or violation of these Terms.

13. Changes to Terms

We reserve the right to modify these terms at any time. We will notify users of any material changes by posting the new Terms of Service on this page and updating the "Last updated" date. Your continued use of the service after such changes constitutes acceptance of the new terms.

14. DMCA Copyright Policy

Novumdesk respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to clear notices of alleged copyright infringement.

14.1 Filing a DMCA Takedown Request

If you believe that content on our platform infringes your copyright, you may submit a DMCA takedown request. To file a valid DMCA takedown notice, please use our DMCA Takedown Request Form or send a written notice containing:

  • Your full name and contact information
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing (with specific URLs)
  • A statement that you have a good faith belief that use of the material is not authorized
  • A statement that the information in the notification is accurate
  • Your physical or electronic signature

14.2 Response to DMCA Notices

Upon receipt of a valid DMCA takedown notice, we will:

  • Promptly remove or disable access to the allegedly infringing material
  • Notify the user who posted the content
  • Provide the user with a copy of the DMCA notice
  • Display a custom HTTP 451 error page for the removed content until the matter is resolved

14.3 Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification. The counter-notification must include:

  • Your contact information
  • Identification of the removed content and its location before removal
  • A statement under penalty of perjury that the content was removed by mistake
  • Your consent to the jurisdiction of federal court
  • Your physical or electronic signature

14.4 DMCA Agent Contact

DMCA notices should be sent to our designated agent:

DMCA Agent: Novumdesk Copyright Agent
Email: legal@novumdesk.io
Online Form: DMCA Takedown Request Form

Note: Misrepresentations in a DMCA notice may result in liability for damages, including costs and attorney's fees.

15. Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to its conflict of law provisions. Any disputes arising from these terms or the service shall be resolved through appropriate legal channels.

16. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: legal@novumdesk.io
Address: Novumdesk Legal Team
For general inquiries, visit our Contact page.