Terms of Service

1. Introduction and Acceptance of Terms

These Terms of Service ("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 HopToDesk remote desktop software, the website at www.hoptodesk.com, the dashboard at dashboard.hoptodesk.com, and all related applications and online services (collectively, the "Service").

BY DOWNLOADING, INSTALLING, ACCESSING, 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, ACCESS, OR USE THE SERVICE.

These Terms apply together with our End User License Agreement and our Privacy Policy, each of which is incorporated by reference.

2. Description of the Service

HopToDesk provides cross-platform remote desktop software and related online services, including account management, device management, and support features available through our web dashboard. The Service is offered free of charge for both personal and business use under a fair usage policy. We reserve the right to add, modify, or discontinue any part of the Service at any time.

3. Eligibility

You must be of legal age to enter into a binding contract in your jurisdiction, or have obtained parental or guardian consent, to use the Service. By using the Service, you represent and warrant that you have the legal capacity and authority to agree to these Terms, whether on your own behalf or on behalf of an organization.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree that you will not:

  • Use the Service for any unlawful, fraudulent, deceptive, or malicious purpose
  • Use the Service to gain unauthorized access to any computer, network, account, or data
  • Use the Service to deceive, defraud, impersonate, or scam any person or organization, including by posing as technical support or another company
  • Distribute malware, or use the Service to transmit harmful, infringing, or unlawful content
  • Interfere with, disrupt, overload, or attempt to compromise the Service, our servers, or our networks
  • Circumvent, disable, or otherwise interfere with usage limits, security features, or authentication mechanisms
  • Resell, sublicense, or commercially exploit the Service except as expressly authorized by us
  • Violate any applicable law or regulation, or the rights of any third party

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including suspending or terminating access and reporting conduct to law enforcement.

5. Accounts and Security

If you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to provide accurate information, to keep it current, and to notify us promptly of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to safeguard your account.

6. User Acknowledgments and Assumption of Risk

Remote access software inherently involves significant risks to your privacy, security, and property. By using the Service, you acknowledge and agree that:

  1. 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.
  2. You are solely responsible for verifying the identity and legitimacy of any person or organization to whom you grant remote access.
  3. You assume all risks associated with granting remote access to your computer, and for any consequences resulting from your use of the Service.
  4. The Company has no control over how the Service is used once a third party is connected to your computer.
  5. 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.

7. 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.

8. 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

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to the practices described in the Privacy Policy.

9. Intellectual Property

The HopToDesk name, logo, website content, design, and trademarks are owned by Begonia Holdings LLC or its licensors and are protected by intellectual property laws. The HopToDesk software includes open-source components that are governed by their own licenses, as described in our End User License Agreement. Except as expressly permitted, you may not copy, reproduce, distribute, or create derivative works from our website content or trademarks without our prior written consent.

10. User Content, Uploaded Content, and Custom Branding

You retain ownership of content you submit through the Service, such as custom branding, uploaded images, and support communications. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to host, store, process, and display that content solely as necessary to operate and provide the Service.

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.

Using copyrighted logos, trademarked images, or other protected intellectual property without proper authorization is strictly prohibited and may result in immediate suspension of your account. You are solely responsible for ensuring you have the right to use any content you upload. The Company reserves the right to remove any content that it believes, in its sole discretion, violates these Terms or infringes upon third-party rights.

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.

11. Third-Party Links and Services

The Service may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, policies, or practices of any third-party websites or services, and you access them at your own risk.

12. 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

13. 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 ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE
  • 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.

14. 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 reasonable 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

15. Termination

You may stop using the Service at any time by uninstalling the software from your computer and discontinuing use of the website and dashboard. The Company reserves the right to terminate or suspend your access to the Service at any time, with or without cause, and with or without notice.

Provisions that by their nature should survive termination shall survive, including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

16. Modifications to the Service and These Terms

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

17. 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 18, 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.

18. 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.

19. 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.

20. Entire Agreement

These Terms, together with the End User License Agreement, 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, including any previously published Terms and Conditions or Terms of Use.

21. Contact Information

If you have any questions about these Terms, please contact us through our contact form.

For information about the accessibility of our website, please see our Accessibility Statement.

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