Terms and Conditions

1. Introduction and Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and HopToDesk and Begonia Holdings LLC ("Company," "we," "us," or "our") governing your use of the remote desktop software, services, and related applications (collectively, the "Service").

BY DOWNLOADING, INSTALLING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE SERVICE.

2. User Acknowledgments and Responsibilities

By using this Service, you acknowledge and agree that:

1. You personally know and trust the individual or organization who provided you with the invitation link to install this software.
2. You understand the risks associated with granting remote access to your computer, including but not limited to data theft, financial fraud, privacy violations, and system damage.
3. You are solely responsible for verifying the identity and legitimacy of any person or organization to whom you grant remote access.
4. You will not hold the Company liable for any damages, losses, or harm resulting from your decision to grant remote access to any third party.
5. You are of legal age to enter into binding contracts in your jurisdiction, or you have obtained parental or guardian consent.

3. Acceptable Use and Prohibited Conduct

If you register for an account to manage, connect to, or provide support for devices (an "Account Holder"), you agree to use the Service only for lawful purposes and in accordance with these Terms. You represent and warrant that you will not, and will not permit anyone acting on your behalf to:

• Access, connect to, or control any device that you do not own or for which you do not have the device owner's clear, informed, and voluntary authorization;
• Use the Service to deceive, defraud, coerce, or mislead any person, including by posing as technical support, a government agency, a bank, or any company you are not authorized to represent;
• Use the Service in connection with any scam, phishing, social engineering, unauthorized access, malware, or other fraudulent or criminal activity;
• Continue to access or maintain remote access to any device after the owner has withdrawn consent or asked you to stop;
• Impersonate any person or organization, or misrepresent your identity, affiliation, or the purpose of a connection;
• Resell, sublicense, or provide access to the Service in order to facilitate any of the conduct prohibited above;
• Attempt to circumvent any suspension, termination, account limit, or security or anti-fraud measure, including by creating a new account or using a different payment method after enforcement action has been taken against you.

You are responsible for all activity that occurs under your account and for every device you add to or manage through the Service. Violation of this section is a material breach of these Terms.

4. Subscriptions, Billing, Refunds, and Chargebacks

Paid plans are billed on a recurring basis (for example, monthly or annually) through our third-party payment processor and renew automatically until cancelled. You may cancel at any time, and cancellation takes effect at the end of the then-current billing period. You authorize us and our payment processor to charge your payment method for all applicable fees.

If you believe you have been charged in error or wish to request a refund, you must contact us first at contact@hoptodesk.com so that we can resolve the matter. Refunds, where granted, are issued at our discretion and in accordance with our Refund Policy.

Initiating a chargeback, payment dispute, or reversal with your bank or card issuer without first contacting us, or doing so in bad faith, is a violation of these Terms. In the event of a chargeback, a payment we reasonably determine to be fraudulent, or an account we reasonably determine to be engaged in fraud or abuse, we may, in addition to our other rights:

• Immediately suspend or terminate the account and revoke access to the Service;
• Block the payment method, customer record, and associated identifiers from being used to purchase or register again;
• Decline to provide the Service to you in the future and refuse the creation of new accounts by you.

5. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF YOUR COMPUTER OR DATA
• DAMAGES RESULTING FROM ANY THIRD PARTY'S ACTIONS WHILE CONNECTED TO YOUR COMPUTER
• DAMAGES RESULTING FROM FRAUD, SCAMS, OR CRIMINAL ACTIVITY PERPETRATED BY THIRD PARTIES
• DAMAGES RESULTING FROM YOUR FAILURE TO VERIFY THE IDENTITY OR LEGITIMACY OF PERSONS GRANTED ACCESS

THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, partners, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including privacy and intellectual property rights
• Any damage caused by third parties who accessed your computer through the Service
• Your failure to properly verify the identity of persons granted remote access
• Any fraudulent, criminal, or negligent acts committed using the Service

8. Assumption of Risk

You expressly acknowledge and agree that:

• The use of remote access software inherently involves significant risks to your privacy, security, and property
• You assume all risks associated with granting remote access to your computer
• The Company has no control over how third parties use the Service once connected to your computer
• You are solely responsible for any consequences resulting from your use of the Service

9. Third-Party Actions

The Company is not responsible for the actions, conduct, or behavior of any third party who connects to your computer using the Service. This includes but is not limited to:

• IT professionals, technicians, or support personnel
• Individuals claiming to represent companies or organizations
• Friends, family members, or acquaintances
• Any person who obtained access through deception or fraud

You acknowledge that the Company does not screen, verify, or endorse any third parties who may use the Service to connect to your computer.

10. Data and Privacy

By using the Service, you acknowledge that:

• Any data visible on your screen may be viewed by connected parties
• Connected parties may have access to files, applications, and information on your computer
• The Company is not responsible for any data accessed, copied, modified, or deleted by third parties
• You should ensure no sensitive information is visible or accessible during remote sessions

Please refer to our Privacy Policy for information about how we handle your personal data.

11. Uploaded Content and Custom Branding

The Service allows you to upload images, logos, and other content for use in custom branding features (including branded installation pages and email notifications). By uploading content, you represent and warrant that:

1. You own or have proper authorization to use all content you upload, including logos, images, trademarks, and trade names.
2. Your uploaded content does not infringe upon the copyrights, trademarks, patents, trade secrets, or other intellectual property rights of any third party.
3. You will not upload content that is unlawful, fraudulent, misleading, defamatory, obscene, or otherwise objectionable.
4. You will not impersonate another company, organization, or individual through your branding or uploaded content.

You agree to indemnify and hold the Company harmless from any claims, damages, or expenses arising from your uploaded content, including any intellectual property infringement claims by third parties.

12. Account Suspension and Termination

You may stop using the Service at any time by cancelling your subscription and uninstalling the software from your computer.

The Company reserves the right to suspend, restrict, or terminate your account and your access to the Service at any time, with or without cause, and with or without notice, including where we reasonably believe that you have:

• Violated these Terms, including the Acceptable Use and Prohibited Conduct or the Subscriptions, Billing, Refunds, and Chargebacks sections above;
• Used the Service in connection with fraud, a scam, unauthorized access, or other unlawful activity;
• Initiated a chargeback or payment dispute, or submitted a payment we reasonably determine to be fraudulent;
• Created a risk of legal liability for us, our users, or third parties.

We may use automated and manual measures to detect and review accounts for fraud, abuse, or other violations of these Terms, and to flag, suspend, or terminate accounts on that basis. Upon suspension or termination, your right to use the Service ceases immediately. Suspended or terminated Account Holders may not create new accounts, and we may block the payment methods and identifiers associated with the account from future use. Fees already paid are non-refundable where an account is terminated for cause.

13. Modifications to Terms

The Company reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Service after any modifications indicates your acceptance of the updated Terms.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law provisions. Except for disputes subject to arbitration under Section 15, any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Wyoming, USA, and you consent to personal jurisdiction and venue in those courts.

15. Dispute Resolution, Binding Arbitration, and Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to bring a lawsuit in court, to have a jury trial, and to participate in a class action.

Informal resolution first. Before starting an arbitration or court proceeding, you agree to first email us at legal@hoptodesk.com with a description of your dispute so we can try to resolve it informally. You and the Company agree to negotiate in good faith for at least sixty (60) days after that notice before beginning a formal proceeding.

Agreement to arbitrate. Except for the claims described in "Exceptions" below, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, as modified by these Terms, and the arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

Class action and jury trial waiver. You and the Company agree to bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. You and the Company also waive any right to a trial by jury.

Exceptions. Nothing in this Section prevents either party from (a) bringing an individual claim in a small claims court for disputes within that court's jurisdiction, or (b) seeking injunctive or other equitable relief in a court of competent jurisdiction to stop the actual or threatened infringement or misuse of intellectual property or confidential information.

Your right to opt out. You may opt out of this arbitration and class action waiver Section within thirty (30) days after you first accept these Terms by emailing legal@hoptodesk.com from your account email address and stating that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms.

Location and costs. Arbitration may be conducted in writing, by telephone, or by video, or in person at a location reasonably convenient to you. Allocation of arbitration fees is governed by the applicable AAA rules.

Severability of this Section. If the class action and jury trial waiver above is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and brought in the state or federal courts located in Wyoming, while all remaining claims will still be arbitrated. If any other provision of this Section is found unenforceable, the remainder of this Section will continue to apply.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by the Company, constitute the entire agreement between you and the Company concerning the Service and supersede all prior agreements and understandings.

18. Contact Information

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

HopToDesk / Begonia Holdings LLC
Email: legal@hoptodesk.com
Website: www.hoptodesk.com

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