Terms and Conditions

Terms and conditions of use.

Updated:

These Terms govern your use of ToDesktop's websites, software, build, signing, hosting, distribution and related services (the "Service"). Your agreement is with the ToDesktop entity identified on your order or checkout ("we", "us"). By accepting these Terms or using the Service, you agree to them and confirm your authority to bind any organisation you represent. The Service is intended for business use.

1. Accounts and acceptable use

Keep your account information accurate and protect your credentials, tokens and signing keys. You are responsible for your users and activity through your account, and must promptly report unauthorised access. Do not use the Service unlawfully, infringe others' rights, distribute malicious software, interfere with the Service or bypass its limits.

You are responsible for your applications, their content, testing, release decisions, backups and compliance with applicable laws and third-party requirements.

2. Plans and payment

Your order or checkout sets your fees, billing period and plan limits. Subscriptions renew for the same period unless cancelled through your account or by contacting support before renewal. Cancellation takes effect at the end of the current period; stopping use does not cancel your subscription. You authorise recurring charges and payment of applicable usage fees and taxes. Fees are non-refundable except as required by law or expressly stated in your order or our refund policy. We may change renewal prices with at least 30 days' notice.

3. Ownership and data

You retain ownership of your applications and content. You grant us permission to process, copy, modify, sign and distribute them as needed to provide and secure the Service in accordance with your instructions. We retain ownership of our software and Service, and grant you a limited right to use them under your plan. Third-party software remains subject to its own licences.

You may continue using and distributing ToDesktop components embedded in applications lawfully built during a paid subscription, solely as part of those applications. This does not include ongoing hosting, new builds, updates or support after the subscription ends.

Our Privacy Policy describes our handling of personal data. Where we process personal data on your behalf, a data processing agreement must be in place; contact support to arrange one.

4. Service and third parties

We may update or change the Service. Features and support depend on your plan; future features are not commitments. Unless expressly agreed in a signed agreement, we provide no service-level, response-time or compatibility guarantees. Third-party platforms, certificates, software and services may change or become unavailable, and we are not responsible for failures caused by them.

5. Suspension and termination

We may suspend or terminate access immediately for non-payment, breach, security risks or legal requirements, or otherwise terminate on 30 days' notice. If we terminate a prepaid subscription for convenience, we will refund the unused portion. Other fees already due remain payable. You should export your applications and data before access ends; we may delete them afterwards, subject to applicable law and any data processing agreement. Terms intended to survive termination continue to apply.

6. Warranties and liability

To the fullest extent permitted by law, the Service is provided "as is" and "as available", and we exclude all implied warranties, including fitness for purpose, satisfactory quality and non-infringement. We do not guarantee uninterrupted, error-free or completely secure operation.

To the fullest extent permitted by law, we are not liable for lost profits, revenue, business, goodwill or data, or indirect or consequential loss. Our total aggregate liability arising out of or relating to the Service or these Terms, under any legal theory, is limited to the fees paid or payable for the affected Service attributable to the three months preceding the first event giving rise to the claim. Nothing limits liability that cannot lawfully be limited.

7. Your indemnity

You will defend and indemnify us against third-party claims and resulting damages, settlements and reasonable legal costs arising from your applications, content, unlawful use or breach of these Terms, except to the extent caused by our breach, negligence or unlawful conduct. We will notify you promptly, reasonably cooperate at your expense and let you control the defence; settlements imposing obligations on us require our consent.

8. General

Irish law governs these Terms, and the courts of Ireland have exclusive jurisdiction, unless otherwise agreed in a separately signed agreement, subject to mandatory law. These Terms and your order form the entire agreement concerning the Service. A separately signed agreement takes precedence over conflicting provisions; an applicable data processing agreement governs personal-data processing. Custom contractual terms are available only under an Enterprise agreement. Purchase-order terms do not amend this agreement. Failure to enforce a provision is not a waiver; an unenforceable provision does not affect the rest.

We may amend these Terms with at least 30 days' notice of material changes, or shorter notice where necessary for legal or security reasons. Continued use after changes take effect constitutes acceptance. If you reject a material change, you may end your subscription before it takes effect and receive a refund of unused prepaid fees. Changes do not apply retroactively to existing claims or override a separately signed agreement.

Contact: [email protected].