Instadesk Terms and Conditions
Welcome to use this software and services!
In order to use this software and services, you should read and comply with the software License and Services Agreement (hereinafter referred to as the "Agreement"). Please be sure to carefully read and fully understand the entire contents of this agreement. In order for you to fully understand this Agreement, the terms of this Agreement that have or may have a material relationship with your rights and interests, in particular those terms that relieve us of our obligations or limit your rights, will be brought to your attention in bold.
Unless you have read and accepted all the terms of this Agreement, you do not have the right to download, install or use the software and related services. Your download, installation, registration and click to agree, use, get intelligent software management account and the use of related services behavior is deemed to have read and agree to accept the constraints of this Agreement.
If you are under 18 years old, please read this Agreement accompanied by a legal guardian and especially pay attention to the terms of use for minors.
1.This Agreement is an agreement between you and us regarding your download, installation, use, copying of the software, and use of our related services. "user" or "you" refers to the natural person, legal person, or unincorporated organization that registers, logs in, and uses the software and related services provided by us.
2.The contents of this Agreement and all the various rules and related agreements that have been issued or may be issued in the future by us are inseparable parts of this Agreement and have the same legal effect as this Agreement. Unless otherwise expressly stated, your use of our services is subject to this Agreement.
3.We have the right to modify this Agreement by issuing announcements, notices and other reasonable means when necessary. When you use our services, you should check the contents of the modification in time to understand and consciously comply with the relevant contents of this Agreement. If you continue to use our services, it is regarded as the consent to the modified content, when the relevant dispute occurs, the latest agreement shall prevail. If you do not agree with the modified content, please stop using our services.
4. If you have signed any agreement, contract or legal document (hereinafter referred to as the "Other Documents") with us regarding the use of the software that specifies the content of the services and the fees, in the event that the relevant agreements in the other documents are inconsistent with the agreements in this Agreement or the matters that are not agreed upon herein, the Other Documents will be enforced (except for the Dispute Settlement Clause).
II. Software Licenses
1. Declaration of intellectual property rights
1.1 Any copying, selling, transferring, renting, or modifying the software without our authorization is considered an infringement.
1.2 The software was developed independently by us. All intellectual property rights, including copyrights, in the software as well as all information content related to the software, including but not limited to: textual expressions and combinations, trademarks, icons, graphics, interface designs, layout frames, related data, printed materials, electronic files, etc., belong to us and are protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and regulations. Use of the software does not grant you any license to any such patents, trademarks, copyrights or other intellectual property rights, except for any express written license provided herein.
2. Scope of software licenses
2.1 We will provide the Licensed software to you, and you are entitled to a non-exclusive, time-limited right to use the software in accordance with the law, and the term and scope of the license shall be subject to the agreement in the relevant contract signed between you and us.
2.2 You have based on the use of our software or services in the software system to save or generate all member data, goods (services) data, and related information ownership, and independently assume the relevant legal obligations and responsibilities.
2.3 Reserved rights: all other rights not expressly authorized still belong to us, you must additionally obtain our written consent when using other rights.
2.4 The Software is provided as is and we do not guarantee that the Software product will or will not fully meet your needs, and the introductory contents of any other documents are for the user's reference only and shall not be understood as any promise to you. Except as expressly provided in this Agreement, this Agreement does not provide for the service terms of our other services other than the Software. For these services, there may be separate terms of service to regulate, please understand and separately when you use the relevant services. If you use the service, you are deemed to have accepted the terms of relevant service.
3. User instruments
3.1 You may use the Software in accordance with this Agreement subject to compliance with the law and this Agreement. You do not have the right to commit acts including but not limited to the following:
1) Do not delete all information and content about copyrights on the Software and other copies;
2) The software shall not be reverse engineered, reverse assembled, reverse compiled, etc.,
3) For the images, text and other related information of the Software, without our written consent, you shall not carry out including but not limited to the following behaviors: use, copy, modify, link, reprint, compile, publish, publish, establish mirror sites, unauthorized use of software to develop derivative products, works, services, etc.,
4) You shall not use the Software to publish, disseminate or store any content that violates national laws, jeopardizes national security, the unification of the motherland or social stability, or any content that violates national laws and regulations, such as insults, slander, pornography and violence;
5) You shall not use the Software to publish, disseminate or store any content that infringes on the intellectual property rights, trade secret rights or other legal rights of others;
6) By modifying or falsifying the instructions and data in the operation of the software, adding, deleting or changing the functions or operating effects of the software, or operating or disseminating the software or methods used for the above purposes to the public, regardless of whether these acts are for commercial purposes or not;
7) Logging in to or using the Software and Services, through third-party software, plug-ins, extras, or systems that are not developed or authorized by us, or creating, publishing, distributing the above tools.
3.2 The use of this Software must comply with relevant state laws and policies, safeguard national interests, protect national security. You shall be fully responsible for all responsibilities arising from your illegal or violation of this agreement. It is not related to us, and we have the right to demand compensation from you, and we have the right to immediately stop providing services and keep relevant records to cooperate with judicial authorities to pursue legal responsibility.
3.3 The commercial acts occurring with this authorized software are your own responsibility, and all disputes arising from the commercial acts using this software have nothing to do with us.
3.4 We do not assume any responsibility for the loss of users caused by the use of the software and other problems, but we will try to avoid the occurrence of such situations and provide the necessary support services to paid users in the event of such problems.
3.5 Downloading, installing or using any other software derived from the software that has not been developed and officially released by us may result in unpredictable risks, and we recommend that you do not download, install or use it hastily, and we will not be responsible for any legal liabilities or disputes arising from it.
III. Account and Usage Standards
1. Registration process
1.1 If you wish to use our services, you need to first register with an account recognized by us and log in. The account you logged in to is the only basis for us to your identity. If you register as a corporate user or become a member user under a corporate user (including a corporate user administrator), you agree and acknowledge that using this software through your account is considered an act of you and your affiliated company, or an authorized act of your affiliated company, you and your affiliated company shall bear all legal responsibilities.
1.2 You that you are a natural person, legal person, or other organization with full capacity for civil rights and full capacity for civil conduct, and have the ability to independently assume responsibility for all actions of you in using the services we provide. If you do not have the aforementioned subject qualifications, please read this agreement with your guardian. If we require you to bear responsibilities according to legal provisions or the provisions of this agreement, we have the right to claim compensation from your guardian.
1.3 You should provide and update your information accurately and timely according to the s on the corresponding pages in accordance with laws, regulations, and our requirements, in order to make it true, timely, complete, and accurate. You promise not to impersonate others for registration, not to register for others without permission, not to register an account in a way that may mislead other users, and not to use a username that may infringe on others' rights (including but not limited to suspected trademark rights, reputation rights infringement, etc.,), otherwise we have the right to cancel the account.
2. Account Usage Standards
2.1 The ownership of this account belongs to our company. After completing the registration application procedures, you only obtain the right to use the account. You are not allowed to gift, borrow, rent, transfer or sell the account, or license others to use it in any other way.
2.2 Account information includes but is not limited to your account name, profile, password, and all information entered when registering or resetting your account. When registering, logging in, and using your account, you promise to comply with the bottom line of laws, regulations, public order, social ethics, and information authenticity. You must not contain illegal or harmful information in your account information, and you guarantee that you should register, log in, and use your account in a legal and compliant manner.
2.3 If you register, log in, use account names, avatars, personal profiles, and other account information materials that contain illegal and harmful information, or contain incorrect or untrue information, we have the right to take measures such as notifying you to make corrections within a specified period or suspending your use. We have the right to cancel the use of related institutions or social celebrities who falsely log in, use, or fill in account names, avatars, personal profiles, and other information.
2.4 If you use our call center function, you are not allowed to engage in any outbound call behavior that harasses customers. The specific commitment are:
1) Ensure that the source of outbound data is legal and compliant, and that outbound data is not obtained in a way that infringes on the legitimate rights and interests of others. The use of such outbound data does not infringe on the privacy and legitimate rights and interests of others.
2) Adhere to the commitment of prohibiting harassing calls, and only conduct customer service follow-up, information verification, and service notifications or other requests from customers with their consent. Any outbound services do not involve harassing calls, and will not cause resentment or complaints from the called party.
3) Ensure that outbound calls are not made to customers who have no demand or have been explicitly rejected. The consent of the called party to the previous call shall not be taken as consent to our next call.
4) Ensure that outbound calls do not involve any commercial marketing activities and do not send commercial text messages.
5) Ensure that you do not change the length, purpose, and scope of application of the code number without authorization, and do not change, hide, falsely use, illegally transfer, or rent the telecommunications network code number.
6) Any outbound call behavior should be conducted at normal and reasonable times, avoiding people’s rest time as much as possible and not interfering with the normal production and life of the called person.
If you violate the above commitments, we have the right to unilaterally handle them, including but not limited to: stopping code numbers and calling services, closing accounts, etc., The pre deposit will not be refunded and we will be compensated for any direct economic losses caused to us as a result. If we are punished by the operator or administrative authority due to your behavior, you agree to bear all fines and compensate us for any other losses incurred as a result.
2.5 You are responsible for the registered and used account. You guarantee that only you can use your account, and the account is non-transferable, non-gift, and non-inheritable.
2.6 You should keep your account and password safe. If you cause damage to yourself, us, or third parties due to your failure to keep your account and password safe, you will be fully responsible. Additionally, you are fully responsible for all activities and events in your account. You agree to notify us immediately if any illegal use of your account or security vulnerabilities are discovered. At the same time, you understand that we need a reasonable deadline to take action on your request. Before we take action, we will not be responsible for the executed instructions or any losses caused to you.
IV. Our Services
1.Services
We provide technical services including but not limited to functional modules such as inbound and outbound calls, customer management, voice robots, audio and video quality inspection, and work orders. Unless otherwise expressly stated in this agreement, all services provided by us are governed by this agreement. You have the right to choose the service content we provide and receive technical support from us. You should choose the specific members, service types, etc., in our services based on your own needs. Once you make your choice, it will be binding on you.
2. Service fees
2.1 Our services may include paid services and free services, and the specific information we disclose to the public shall prevail. If you use our paid services, you should pay the relevant fees in accordance with the billing standards and methods of the relevant agreements signed with us.
2.2 The use of free services may require certain conditions to be met, and the specific conditions are subject to the conditions announced on our official website. For free services, we have the right to make changes to the specific service content, service period, and service standards of free services based on the actual situation. We do not assume any responsibility to you for this.
2.3 We may make modifications and changes to the charging standards and methods of paid services based on actual needs, or start charging for some free services. Before making the aforementioned modifications, changes, or starting to charge, we will send you a notice in advance. If you do not raise objections and continue to use our services within the specified or reasonable period after the notice is sent, it will be deemed that you have accepted our modifications, changes, or adjustments. If you subsequently request termination of the contract or refund on the grounds of not receiving notice or not agreeing to the adjustment, we have the right not to support it.
V. Rights and Obligations
1. On the premise of paying the corresponding fees, you have the right to receive our services under this agreement and related agreements.
2. If you discover any errors or vulnerabilities in our service during use, you can send us a report informing us of the characteristics of such errors or vulnerabilities. We will provide you with feedback after receiving such reports and verifying them.
3. You understand that our service only provides relevant software services. In addition, the devices related to the relevant software services (such as personal computers, mobile phones, and other devices related to accessing the Internet or mobile networks) and the required fees (such as phone and internet fees paid for accessing the Internet, and mobile phone fees paid for using the mobile network) should be borne by you.
4. If you use our services to provide external business, you should apply for relevant approvals on your own. If you do not apply for necessary approvals and carry out such business, the consequences caused by this are not related to us. If any losses are caused to us and/or our affiliated companies as a result, you shall be responsible for full compensation.
5. We solemnly remind you that any information, Any information, materials, text, software, music, audio, photographs, graphics, video, messages, information, your registration data or other materials (hereinafter referred to as "content"), whether publicly or privately transmitted (hereinafter referred to as "publication"), that are uploaded, posted or otherwise transmitted by us are the sole responsibility of the provider or user of the content. You guarantee that when using our services or publishing content through our services, you will comply with national and local laws and regulations, industry practices, and social public ethics, and will not use our services to create, copy, store, transmit, publish, or disseminate the following information and content:
1) Any content (information) that violates national laws, regulations, and policies;
2) Political propaganda or news information that violates national regulations;
3) Information involving national secrets or security;
4) Feudal superstition or obscene, pornographic, obscene information or information inciting crime;
5) Lottery with prizes and gambling games;
6) Information that violates national ethnic and religious policies;
7) Information that hinders the safe operation of the internet;
8) Information that infringes on the legitimate rights and interests of others;
9) Other information or content that is detrimental to social order, public security, and public morality.
If you violate the aforementioned regulations, you shall bear full responsibility on your own. If your aforementioned illegal behavior causes losses to us and/or our affiliated companies, you shall be responsible for full compensation.
6. Without our permission, you may not transfer or partially transfer the services we provide to you to a third party.
7. You should not install or use pirated software on your own system; If you use pirated or irregular software that makes our services unusable, we do not assume responsibility.
8. You must bear legal responsibility for your actions during the use of our services. The forms of legal liability that you bear include but are not limited to: compensation for the victim, and after we first bear the administrative penalty or tort damages caused by your behavior, you should provide us with equal compensation. If you violate the aforementioned regulations, we have the right to make independent judgments and immediately suspend or terminate some or all of the services provided to you, including taking measures such as freezing, revoking account usage permissions, and deleting your content.
9. You have the obligation to make your own judgment on the content provided by you outside of us and related services, and to bear all risks arising from the use of the above content, including those arising from reliance on the authenticity, accuracy, completeness, or practicality of such content. We cannot and will not assume any responsibility for the authenticity, accuracy, completeness, practicality, and timeliness of the content provided by you, nor will we be liable for any losses or damages caused by your reliance on the above content.
10. When you access third-party websites or obtain products or services provided by third parties through or using our services, any risks and losses caused by the third-party websites, programs (including mini programs) and their functions and content shall be borne by you. Any disputes arising from this shall be jointly resolved by you and the third party, and we shall not be liable. We also do not provide any technical support or customer service support for third-party websites and programs (including mini programs).
11. When you upload content to our product, you grant us the right to use it for free globally, only if such use is for the following purposes:
1) Provide you with better functions and services;
2) Improve the quality of our products and services;
3) Necessary for the company's operational status and strategic development statistics;
4) Necessary for maintaining the safe and stable operation of the provided products or services, such as detecting and handling malfunctions of the products or services;
5) Other behaviors required by laws and regulations or relevant national authorities or regulatory requirements.
12. We have the right to conduct quality inspection on your use of our services based on our own monitoring technology. If the quality inspection finds that your behavior violates laws, regulations or the provisions of this agreement, we or our partners will review the content you submitted to investigate the true situation. If after investigation, we determine that the content you submitted has indeed violated this agreement, we have the right to delete, restrict dissemination, or prohibit your use of our products.
13. If we receive complaints about you, or administrative, judicial orders, notifications from competent authorities, etc., and after investigation, we believe it is necessary, we have the right to delete, restrict the dissemination or prohibit your use of our products.
VI. Legal Liability and Disclaimer
1.If you violate the provisions of this agreement or related service terms, we have the right to take measures such as but not limited to interrupting the use license, stopping the provision of services, restricting use, and legal action based on the nature of your behavior. At the same time, we will assist in the investigation according to the requirements of the judicial department.
2. We are not responsible for any economic losses suffered by you due to third-party communication line failures, technical issues, network, computer or mobile phone failures, system instability, etc. in the telecommunications department.
3. Based on your needs, we have used the information, materials, or intellectual property provided by you for secondary development of the software, and if you are accused of infringement as a result, we will not be liable for such infringement.
4. We are not responsible for losses caused by force majeure. The force majeure referred to in this agreement includes but is not limited to: natural disasters, public health events, changes in laws, regulations or government directives, unique reasons due to the characteristics of network services, such as faults of domestic and foreign basic telecommunications operators, damage to infrastructure such as optical cables, computer or internet related technical defects, limitations on internet coverage, computer viruses, hacker attacks, and other unforeseeable, unavoidable, and insurmountable objective situations within the legal scope.
5. We do not directly upload or provide content, and do not make any modifications or edits to your transmitted content. Any disputes and/or losses arising or likely to arise from the use of relevant content or works between you and other users or between you and other rights holders shall be resolved through negotiation and borne by you, and we are not responsible for them. We cannot guarantee the legality, correctness, completeness, authenticity, or quality of the content.
6. You understand that we cannot guarantee that the services we provide are flawless, but we promise to continuously improve the quality and level of service. So you agree that even if there are defects in the services we provide, the aforementioned defects are unavoidable due to the industry's technical level at the time, and will not be considered as a breach of contract by us. You agree to cooperate with us to solve the aforementioned defect issue.
7. Under no circumstances shall we be liable for any indirect, accidental, special, punitive or other losses arising from or related to your use or inability to use our services.
8. We do not waive any rights to limit, exempt or offset our liability for damages not mentioned in this agreement to the maximum extent applicable by law.
VII. Protection of your information
1. Respecting your privacy is one of our basic policies. Therefore, we will not publicize or disclose your registration information and non-public content saved in our services. You know and agree that in order to provide you with better services, we will collect your information if you voluntarily choose to serve or provide information, and take necessary measures to ensure information security and comply with this product privacy policy.
2. We understand and acknowledge that the data generated, stored, uploaded, and downloaded by you using our services (including but not limited to call recordings, call records, voice transcription records, customer information (if any)) are all your business data, and you fully own the business data. We should obtain necessary authorization and consent from the rights holders for the formation, storage, and processing of the aforementioned business data, and comply with relevant regulations on information collection, processing, and preservation. All data, information, and related intellectual property rights on our own software, systems, and platforms belong to us.
3. Business data, we will not engage in any unauthorized access, use, or disclosure except for executing your service requests (including but not limited to troubleshooting) and processing the business data you provide us or other situations stipulated in this agreement within the scope of your authorization; Unless we believe in good faith that disclosing this information is necessary in the following circumstances:
1) Obtain your explicit authorization in advance;
2) Comply with relevant laws and regulations, including providing your registration information, the information you publish on our products and its release time, internet address or domain name when searching with relevant national authorities;
3) Maintain and safeguard our intellectual property and other important rights;
4) Strive to maintain the privacy and security of you and the general public in emergency situations;
5) In accordance with the relevant provisions of this agreement or other circumstances that we deem necessary.
4. You understand and agree that we have the right to provide the necessary information that you have submitted to us or stored on our servers during the use of our services at the request of the authorized department. If you are suspected of infringing on the legitimate rights and interests of others, we have the right to provide the aforementioned necessary information about you to the rights holder based on preliminary judgment of the existence of the suspected infringement behavior.
VIII. Other
1. Suspension, interruption and termination of services
1.1 We may choose to suspend, interrupt, or terminate our services based on our own business decisions and other reasons. If such a situation occurs, we will notify you in the form of an announcement.
1.2 You agree that for reasons such as executing administrative/judicial orders, maintaining the security of our services, maintaining the normal use and data security of others, and responding to infringement claims from other parties, we have the right to suspend or terminate the provision of some or all of our services to you without prior notice, temporarily freeze or permanently freeze (cancel) your account in our jurisdiction, and do not have any responsibility to you or any third party for this, But we have the right to continue saving the data information related to this account.
1.3 In case of the following situations, we have the right to terminate this agreement directly by canceling the account, and have the right to permanently freeze (cancel) your account's permissions in our product:
1) The main content of the information you provide is untrue, inaccurate, untimely, incomplete, without legal authorization or infringing on the rights and interests of others;
2) When this agreement (including rules) is changed, you express and notify us that you are unwilling to accept the new service agreement;
3) You use our products to engage in activities prohibited by the provisions of Article 2, Software License, Article 3, User Instructions, Item 3.1, Article 3, Account and Usage Standards, Article 2, Account Usage Standards, Item 2.4, and Article 5, Rights and Obligations of this Agreement;
4) Other situations where you violate this agreement or other documents or agreements signed by both parties, or violate laws and regulations. We believe that the service should be terminated.
1.4 After your service is terminated, your right to use our service will immediately end, and your license to use software related to the service will also terminate. After the service terminates, we will disable your account and have the right to delete your content. According to the provisions of this clause, we do not assume any responsibility for the deletion of your content.
2. Both you and us shall keep confidential the trade secrets and other confidential information of the other party, the content of the service and agreement, as well as the relevant information and correspondence documents generated during your use of our services (hereinafter collectively referred to as "Confidential Information") that you have come into contact with through the use of our services; Without written consent, the confidential information shall not be disclosed, given or transferred to a third party. This confidentiality clause shall not terminate due to the termination of this agreement.
3. All notifications sent to you can be transmitted through email, regular letters, or prominent announcements on the website.
