Terms of Service

01The agreement

This agreement is between you (or the company you represent) and Diagnodesk LLC, a New Jersey limited liability company at 99 Wall Street, #1717, New York, NY 10005. If you are accepting on behalf of a company, you confirm you have authority to bind that company.

Together with our Privacy Policy, these Terms make up the full agreement between us.

02Your account

You are responsible for:

• Keeping your login credentials secure and not sharing them.
• Activity on your account, whether or not you authorized it.
• Making sure the people who run the Diagnodesk client (typically new hires) have given valid consent before doing so.

Notify us promptly at support@diagnodesk.com if you suspect unauthorized access.

03Beta period

• No service-level agreement (SLA) applies during the beta.
• The Service may be free or discounted during the beta. We will give you at least 30 days notice before charging for use that was previously free.
• You agree to provide reasonable feedback if asked, and you grant us a license to use that feedback to improve the Service.

04Acceptable use

You agree not to:

• Use the Service to break the law, infringe rights, or harm others.
• Run the Diagnodesk client on a machine without the user's informed consent.
• Reverse-engineer, decompile, or attempt to extract source code, except as expressly permitted by law.
• Resell, sublicense, or white-label the Service without our written permission.
• Probe, scan, or test the vulnerability of the Service, or interfere with its operation.
• Use the Service to build a competing product.

We may suspend or terminate accounts that violate these rules.

05Your data

You retain all rights to the data you submit to the Service ("Customer Data"). You grant us a limited license to host, process, and transmit Customer Data only to operate the Service for you. How we handle Customer Data is described in the Privacy Policy.

You can export your readiness reports at any time from the dashboard. On request, we will provide a final export and delete your Customer Data within 30 days of cancellation.

06Fees and billing

• Paid plans are billed in advance, monthly or annually, in U.S. dollars.
• All fees are non-refundable except where required by law. Annual plans cancelled mid-term are pro-rated for any unused months.
• Fees do not include taxes; you are responsible for any sales, use, or VAT tax that applies.
• If a payment fails and is not resolved within 14 days, we may suspend the account.

07Intellectual property

The Service, including all software, designs, branding, and documentation, is owned by Diagnodesk and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service for your internal business during the term of this agreement.

Nothing in these Terms transfers ownership of the Service or any of its components to you.

08Warranty disclaimer

The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that any defect will be corrected.

The Diagnodesk client surfaces information about a machine's configuration. It is not a substitute for a managed device program, endpoint security software, or professional IT advice.

09Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill. Our total liability for any claim arising out of or relating to this agreement will not exceed the amount you paid us in the twelve months before the event giving rise to the claim, or one hundred U.S. dollars (USD 100), whichever is greater.

These limits do not apply to a party's obligations of indemnification, payment, or breach of confidentiality, or to liability that cannot be limited by law.

10Term and termination

This agreement starts when you create an account and continues until terminated. You can cancel at any time from the dashboard. We may terminate or suspend the agreement if you materially breach these Terms and do not cure the breach within 14 days of notice, or immediately if your use creates a security or legal risk.

On termination, your right to use the Service ends. Sections that by their nature should survive (data, IP, warranty disclaimer, liability, governing law) survive termination.

11Governing law

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Any dispute will be resolved exclusively in the state or federal courts located in New York County, New York, and each party consents to personal jurisdiction there.

If any provision of these Terms is held unenforceable, the rest will remain in effect. Failure to enforce a provision is not a waiver of the right to enforce it later.

12Contact

Notices and questions about these Terms:

Diagnodesk LLC
99 Wall Street, #1717
New York, NY 10005
support@diagnodesk.com