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 Holding 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 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 will not hold the Company liable for any damages, losses, or harm resulting from your decision to grant remote access to any third party.
  4. You are of legal age to enter into binding contracts in your jurisdiction, or you have obtained parental or guardian consent.

3. 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

4. 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.

5. 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

6. 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

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

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

9. 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.

Intellectual Property Notice

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.

10. Termination

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

11. 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.

12. 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. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Wyoming, USA.

13. 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.

14. 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.

15. Contact Information

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