Terms of service

1. The agreement

This is an agreement between Maxapp GmbH, registered address, Switzerland (“we”), and the organisation that creates an account (“you”). By creating an account or using the service you accept these terms. If you are accepting on behalf of a company, you confirm you may bind it.

2. What the service is

LiveDesk is remote support software. Your customers reach you through a page carrying your name, you answer in a conversation, and when you need to see a screen you ask for it and they allow it on their own machine. A small program runs on their computer for the duration and removes itself afterwards.

3. Early access

The service is new and still changing. It is offered as it is, features change or are withdrawn without notice, and it is not yet suitable for anything where a failure would be serious. There is no service level commitment and no uptime guarantee during this period.

4. Your account

• You are responsible for everything done under your account and for keeping credentials secure.
• You must give accurate information and keep it current.
• You must tell us promptly if you believe an account has been compromised.
• Accounts are for named people. Sharing one between technicians defeats the record of who did what, which the product exists to keep.

5. Consent and lawful access

You may only use LiveDesk to access a computer where you have the informed permission of the person responsible for it. The product asks the person at the machine before anything is shared, and shows a banner for the whole session, but a technical prompt is not the same as lawful authority.

• You must have a lawful basis for every session, and for every connection to a managed device where nobody is present.
• You must tell the people whose machines you administer that unattended access exists and under what circumstances it is used.
• You must not use the service to access a computer covertly, to circumvent someone's refusal, or in any way that would be unlawful where you or they are.

You are the controller of the personal data in your conversations and sessions. We process it for you, on your instructions.

6. Acceptable use

You must not use the service to:

• break the law, or help anyone else to.
• gain unauthorised access to any system, network or account.
• distribute malware, or use a session to install anything the person at the machine has not agreed to.
• impersonate another organisation, including by branding your pages as theirs.
• interfere with the service, probe it, or work around its limits.
• resell or provide the service to a third party as your own, unless we have agreed that in writing.

7. Fees

There is no charge at present. Pricing has not been decided. If we introduce fees we will give you at least notice period notice, and you may close your account before they take effect rather than pay them.

8. Your content, and ours

Your conversations, records and branding remain yours. You grant us only the licence needed to operate the service for you, which is to store, transmit and display that content to the people you have given access to.

The software, the interface and everything we have made remain ours. These terms grant you a limited, non-exclusive, non-transferable right to use the service while the agreement lasts, and nothing more.

9. Suspension and termination

You may close your account at any time. We may suspend or close an account that breaches these terms, that presents a security or legal risk, or that we are required to act against. Where the circumstances allow it we will warn you first and give you a chance to put it right. On termination you may export your data for export window, after which it is deleted.

10. Warranties and liability

The service is provided without warranty of any kind, to the extent the law allows. We do not warrant that it will be uninterrupted, or free of faults, or fit for a particular purpose.

Neither party excludes liability for death or personal injury caused by negligence, for fraud or wilful misconduct, or for anything else the law does not permit to be excluded. Subject to that, we are not liable for indirect or consequential loss, for lost profits, or for lost data, and our total liability in any twelve month period is limited to the fees you paid us in that period, which at present is nothing.

11. Changes to these terms

We may change these terms. The date at the top says when they last changed. For a material change we will tell you before it takes effect, and continuing to use the service afterwards is acceptance of it.

12. Law and jurisdiction

Swiss law applies, without its conflict of law rules. The courts of Zurich, Switzerland have exclusive jurisdiction, save that consumers keep any right they have to bring proceedings where they live.

13. Contact

Write to legal@livedesk.sh, or to Maxapp GmbH at the address in the imprint.