Terms of Service

deskbird Workplace Platform

Welcome to deskbird!

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the website located at https://www.deskbird.com/ (the “Site”), any deskbird mobile application and application program interface (“Mobile Application”), any deskbird web application (“Web Application”) and all associated services, you agree to comply with and be bound by these Terms of Service.

deskbird AG (herein after referred to as deskbird) may change these Terms of Service from time to time. Changes will be effective when deskbird posts updated Terms of Service at this location or within the applicable Service and the “Last updated” date set forth above will be updated accordingly. Your continued access or use of the Service after such posting confirms your consent to be bound by the updated Terms of Service. Any revisions to these Terms of Service will become effective the first time you access or use the Service after such changes have been posted. If you do not agree to abide by these Terms of Service, you are not authorized to use, access or participate in (or continue to use, access or participate in) the Service.

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Our collection and use of personal information in connection with your access to and use of the deskbird Platform is described in our Privacy Policy.

Last updated: April 2024

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1. Definitions

The terms quoted and defined in this section 1 shall, whenever used as a capitalised word in these Terms of Service, whether in the singular or plural, have the meanings given below.

Active User

means Employees or Visitors with a registered deskbird Account that are allowed by the Company to book Company resources such as Workstations.

App

means the mobile application of deskbird.

Booking

means the reservation of a Company resource such as a Workstation by a Client or a Visitor.

Client

means the Company or Employee using the deskbird Platform.

Client Content

means content such as text, photos, audio, video, booking confirmations, acceptations to formal or informal meetings and messages or other materials and information that the Client creates, uploads, posts, sends, receives and stores on or through the deskbird Platform.

Collective Content

means the Client Content and deskbird Content combined.

Company

means the legal entity implementing the deskbird Platform into their work environment.

deskbird Account

means an account which grants access to the deskbird Platform.

deskbird Content

means proprietary deskbird content and any content licensed or authorized for the use by or through deskbird from a third party.

deskbird Platform

means the entirety of the Site, the App and the Service rendered therein.

deskbirdAPI

means application programming interfaces, browser or other application plugins and related documentation and other related materials, which may include sample code and can be used by the Company to program extensions to the deskbird Platform.

Employee

means a person working for or contracted by the Company or its subsidiaries or similar and using the deskbird Platform.

License Fee

means the monthly fee to be paid by the Company for each active deskbird Account or based on an agreed enterprise solution pricing.

Maintenance

means the bug fixing, updating and other modifications to the deskbird Platform provided by deskbird in order to correct faults.

Office Hours

means the time Employees spent at the Company or at their home working.

Order Form

means a written ordering document that governs the contractual relationship between the Company and deskbird.

Posting

means any Client Content that is visible to other Clients or Visitors.

SaaS Agreement

means the overarching and legally superior agreement that governs the contractual relationship between the Company and deskbird in case the Company opts for the Service Package Enterprise.

Self-Onboarding

means the Company implements deskbird themselves without a direct and personalized contact with a deskbird employee (e.g., Customer Success Manager).

Service

means the services rendered by deskbird on the deskbird Platform according to the Terms of Service.

Service Package

means a bundle of services provided by deskbird on the deskbird Platform.

Service Period

means the normal business hours from Monday to Friday between 9:00 am and 6:00 pm Central European Time, with the exception of Swiss bank holidays.

Site

means https://www.deskbird.com/.

Support

means the technical support provided by deskbird with regards to the deskbird Platform.

Terms of Service

means the present terms of services governing the use of the deskbird workplace platform, as may be amended from time to time.

Third-Party Services

means third-party websites or resources.

Visitor

means an external person not working for and not contracted by the Company or its subsidiaries or similar and visiting workplaces of the Client by using the deskbird Platform.

Workstation

means desks, offices, meeting rooms and other places where the Employees can do their work within the Company.

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2. Scope of the deskbird Services

The deskbird Platform is a digital solution for companies to manage their Workstations that contains tools for:

• the setup and management of the Workstations within the deskbird Platform by administrators of the Company;
• the managing of the Employees’ individual rights of use of the Service or parts thereof by the Company;
• the coordination of Employees’ and teams’ home-office, in-office days and business travel days;
• the organisation and booking of Workstations; i.e. enabling the Company to control and manage its Workstations and monitor the relevant utilization data generated by the Employees;
• the promotion of networking and culture building within the Company;
• ensuring workplace satisfaction, as well as the security and health of Employees;
• the organisation and digitalization of further workplace-related processes, such as visitor management, deliveries management, workplace incident management, facility management;
• the integration of selected features of the deskbird Platform into the Company’s existing IT systems, such as user directories, communication platforms, calendar tools;
• the assistance of the Company in implementing the Service into its business.

To this end, the Client agrees to these Terms of Service as the governing agreement for the use of the Service by the Client. Use of the Services is limited to Company-designated Employees and Visitors who have agreed during the authentication process to abide by the Terms of Service. The Company will be responsible to deskbird for the Employee’s and Visitor’s compliance with the Terms of Service.

As the provider of the deskbird Platform, deskbird does not own, sell, resell, provide, control, manage, offer, or supply Workstations. As such, deskbird does not guarantee the existence, quality, suitability, safety, availability or other features of Workstations. It is the Company’s responsibility to guarantee the existence, quality, suitability, safety, availability or other features of Workstations. Neither does deskbird control, monitor or manage the Bookings of the Employees or Visitors. The Client alone is responsible for their Bookings on the deskbird Platform.

deskbird may make the deskbirdAPI available to the Company in order to further individualise their usage of the deskbird Platform, beyond the deskbird standard integrations. Subject to the Terms of Service, deskbird hereby grants the Company during the Term a non-exclusive license to use, directly or through third-party service providers acting on the Company’s behalf, the deskbirdAPI for the Company’s internal business purposes to develop or enable web or other software services or applications that will communicate and interoperate with the deskbird Platform. Notwithstanding anything in these Terms of Service to the contrary, the deskbirdAPI is provided “as is,” and deskbird makes no representation or warranty of any kind in connection with the deskbirdAPI, including without limitation any representation or warranty that the deskbirdAPI or any products or results of the use of the deskbirdAPI will meet the Company’s requirements, achieve any intended result, be compatible or work with any of the Company’s or any third party’s software, systems or other services. As between the Company and deskbird, the Company shall own all right, title and interest in and to the enhancements and extensions made by them, and deskbird shall own all right, title and interest in and to the deskbirdAPI.

The deskbird Platform may contain links to Third-Party Services. Such Third-Party Services may be subject to different terms and conditions and privacy practices. deskbird is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by deskbird of such Third-Party Services.

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3. State of the Art and Innovation of the Service and Service Levels

Due to the nature of the internet, deskbird cannot guarantee the continuous and uninterrupted availability and accessibility of the deskbird Platform. deskbird may restrict the availability of the deskbird Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the deskbird Platform. deskbird may improve, enhance and modify the deskbird Platform and introduce new Services from time to time.

3.1. State of the Art and Innovation of the Service

deskbird warrants that the Services are in accordance with the applicable law and the state of the art and will adjust the Services to changes in these requirements.

3.2. Service Levels

deskbird provides the Services on a 24/7 basis and guarantees a yearly availability of the Services of 99% on a SaaS basis (yearly average). Excluded from this are times in which the server cannot be reached due to other technical problems beyond the control of deskbird (e.g., force majeure, third party negligence). Also excluded are planned maintenance work, which either take place outside of the Service Period, or were announced in advance, whereas deskbird will give its best to undertake maintenance work exclusively outside of the Service Period.

deskbird provides regular Maintenance and Support during the Service Period. Any disruption of the system availability must be reported by the Client without undue delay after it has become known. In case of reports and disruptions of the system availability which lead to a total failure of the Service and which are received within the Service Period, deskbird will ensure a reaction time of four hours from the beginning of the disruption. In case of minor errors that do not lead to a total failure of the software and that occur during ongoing operation, deskbird will respond no later than one working day after receipt of the error message. Further support standards can be agreed between the Client and deskbird within individual service-level agreements but are not part of these Terms of Service.

deskbird will give its best to schedule and arrange its Maintenance work for the Service so that this Maintenance work does not cause reductions of the agreed availability of the Services, e.g. by providing for sufficient backup-capacity in its data-centres.

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4. Eligibility, Using the deskbird Platform, Member Verification

In order to access and use the deskbird Platform or register a deskbird Account you must be an individual affiliated to the Company implementing the deskbird Platform (e.g. employee, visitor, student) or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.

deskbird may make access to and use of the deskbird Platform, or certain areas or features of the deskbird Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria.

The access to or use of certain areas and features of the deskbird Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the deskbird Platform. If there is a conflict between these Terms of Service and terms and conditions applicable to a specific area or feature of the deskbird Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

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5. Account Registration

In order to use the Service, the Client must register for a deskbird Account and provide information about itself as prompted by the account registration form. The registering Client represents and warrants that: (a) all required registration information the Client submits is truthful and accurate; and (b) the Client will maintain the accuracy of such information;

As a Client, you can register a deskbird Account using an email address and creating a password, or through your existing company credentials, if this feature is enabled by the Company (SSO). The Client has the ability to disable the connection between their deskbird Account and their existing company credentials at any time.

If you are registering a deskbird Account for a Company, you represent and warrant that you have the authority to legally bind the Company and grant deskbird all permissions and licenses provided in these Terms of Service. A Company member is responsible for the compliance of each of its individual members (e.g., its employees, contractors, and other service providers).

Each individual Client may not register more than one deskbird Account unless deskbird authorizes them to do so. The Client may not assign or otherwise transfer their deskbird Account to another party.

The Client is responsible for maintaining the confidentiality of their deskbird Account login information and is fully responsible for all activities that occur under their deskbird Account. The Client agrees to immediately notify deskbird of any unauthorized use or suspected unauthorized use of their deskbird Account or any other breach of security as soon as it gets knowledge about this. No third party is authorized by deskbird to ask for the Client’s credentials, and the Client shall not request the credentials of another Client. deskbird cannot and will not be liable for any loss or damage arising from the Client’s failure to comply with the above requirements.

The Client may delete their deskbird Account at any time, for any reason, by following the instructions on the Site or within the App. deskbird may terminate or suspend the Client’s deskbird Account in accordance with “Termination and Suspension” below.

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6. Responsibilities of the Company

6.1. Acknowledgments by the Company

In addition to any other responsibility set out in these Terms of Service, the Company declares its agreement to:

• pay the License Fee owed according to section 6.2 of these Terms of Service.
• grant deskbird access to its premises and technical infrastructure to the extent necessary for deskbird to provide Services.
• allow deskbird to include the Company’s name and logo in deskbird’s customer list on the deskbird website and in other online and offline material of deskbird.

‍6.2. Fees and Payment

When registering a deskbird Account, the Company agrees to a set of features and a total number of Active Users. The monthly prices per Active User for each feature are stated on the website, and represent net prices, plus VAT. The amount of monthly remuneration for the use of the Service depends on the following factors (“Service Parameters”) and will be displayed accordingly during the onboarding process:

• the selected total number of Active Users
• the selected features (e.g. Starter, Business, Enterprise)
• any other additional functionality (e.g. custom integrations)

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The Company can choose between monthly and yearly billing. In case of yearly billing, the Company agrees to pay the License Fee in advance for the contract period commenced. In case of yearly billing, the invoice amount arises from the 12x monthly remuneration for the ordered Service, minus the discount noted on the website of deskbird for yearly billing. In case of monthly billing, the Company agrees to pay the License Fee in advance for each month over the contract period.

The contract period starts with the onboarding meeting being held with a Customer Success Manager or with the send-out of the onboarding email in case of Self-Onboarding. In any cases, the contract period starts no later than 14 days after the signature of the contract, unless otherwise agreed upon.

User licenses are purchased in packages (“user packages”), whereby the following packages are available:

• 20-100 users: user packages in increments of 5 (20, 25, 30 users, etc.)
• 101-200 users: user packages in increments of 10 (100, 110, 120 users, etc.)
• 201-500: user packages in increments of 25 (200, 225, 250 users, etc.)
• 501-1’000 users: user packages in increments of 50 (500, 550, 600 users, etc.)
• 1’001 users or more: user packages in increments of 100 (1’000, 1’100, 1’200 users, etc.)

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deskbird is allowed to upgrade the Company to the next user package if the Company succeeds the number of registered users for the existing package. deskbird ensures to inform the Company in a written manner (e.g. via email) at least seven days in advance before sending the adjusted invoice.

If the price of the Service increases due to changes in the Service Parameters (e.g., more features/Active Users), deskbird will invoice the difference between the advance payment already made and the increased price pro rata until the end of the contract year. If the price category of the version decreases due to changes in the Service Parameters (e.g. fewer features/Active Users) during the billing period, the Company is not entitled to a (pro rata) refund of the advance payment already made.

deskbird is entitled to adjust its list price to compensate personnel cost and other cost increases annually in an appropriate amount. deskbird will announce these price adjustments and the effective date of the price adjustments to the Company in text form. The price adjustments shall not apply to the periods the Company has already paid for. If the price adjustment is more than 5% of the previous price, the customer may object to this list price adjustment within a period of two weeks from notification. A change in the price resulting from a change in the scope of features, package or the number of user licenses shall not be deemed a price adjustment within the meaning of this paragraph.

If the Company objects to a change within the meaning of the previous paragraph in accordance with the relevant notification requirements, the proposed change will not be effective and the contract shall continue under the existing terms. In this case deskbird reserves the right to terminate the contract extraordinarily on one month’s notice.

Should the Company default in the payment of the Licence Fees, deskbird may immediately block access to the deskbird Platform for Company’s deskbird Account and any subsequent deskbird Accounts. The Company is not entitled to any kind of compensation of damages arising from the blocking of access to the deskbird Platform due to default.

Companies that agree to the Service Package “Enterprise” can sign off on a separate SaaS Agreement. The provisions of the Terms of Service also apply to the SaaS Agreement unless the parties agree otherwise.

6.3. Minimum Term and Termination

In case of monthly billing, a minimum term of three months shall apply. After the minimum term expires, the contract is extended by extension periods of one month in each case, unless the Company terminates the contract with a notice period of one month prior to the beginning of the extension period.

In case of yearly billing, a minimum term of one year shall apply. If the billing cycle is more than one year, the minimum term is as long as the billing cycle or longer if specifically agreed upon. In any case - yearly, multi-year or not specified - the contract is extended by one year after the minimum term expires unless the Company terminates the contract with a notice period of two months prior to the beginning of an extension period.

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7. Client Content

deskbird may, in its sole discretion, enable Clients to (a) generate Client Content; and (b) access and view other Client Content and any content that deskbird itself makes available on or through the deskbird Platform, including deskbird Content.

The Service and the Collective Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Switzerland and other countries. The Client acknowledges and agrees that the deskbird Platform and deskbird Content, including all associated intellectual property rights, are the exclusive property of deskbird and/or its licensors or authorizing third parties. The Client must not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the deskbird Platform or Collective Content. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the deskbird Platform and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

The Client will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the deskbird Platform or any Collective Content, except to the extent to that the Client is the legal owner of such Client Content or as expressly permitted in these Terms of Service. No licenses or rights are granted to the Client by implication or otherwise under any intellectual property rights owned or controlled by deskbird or its licensors, except for the licenses and rights expressly granted in these Terms of Service.

Subject to the Client’s compliance with these Terms of Service, deskbird grants the Client a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (a) download and use the Mobile and Web Application on the Client’s mobile and other device(s); and (b) access and view any Collective Content made available on or through the deskbird Platform and accessible to the Client, solely for the Client’s personal and non-commercial use.

The Client is solely responsible for all Client Content that they make available on or through the deskbird Platform. Accordingly, the Client represents and warrants that: (a) they either are the sole and exclusive owner of all Client Content that they make available on or through the deskbird Platform or they have all rights, licenses, consents and releases that are necessary to grant to make the Client Content available to other Clients, as contemplated under these Terms of Service; and (b) neither the Client Content nor its Posting will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

deskbird may, without prior notice, remove or disable access to any Client Content that deskbird finds to be in violation of these Terms of Service or deskbird's then-current policies, or otherwise may be harmful or objectionable to deskbird, its Clients, third parties, or property.

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8. Intellectual Property

• Trademarks

deskbird’s name, the deskbird logo, and all related names, logos, product and service names, designs, and slogans are trademarks of deskbird. The Client must not use such trademarks without deskbird’s prior written permission.

• Copyright Policy

deskbird respects the intellectual property of others and asks that those that use the Service do the same. In connection with the Service, deskbird has adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of the accounts of those that use the deskbird Platform who are repeat infringers of intellectual property rights, including copyrights. If a Client believes that another Client is, through the use of the Service, unlawfully infringing the copyright(s) in a work, and wishes to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to deskbird:

• identification of the copyrighted work(s) that the Client claims to have been infringed;
• identification of the material on the Service that the Client claims is infringing and that they request us to remove;
• sufficient information to permit us to locate such material;
• a statement that the Client has a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the Client is either the owner of the copyright that has allegedly been infringed or that they are authorized to act on behalf of the copyright owner.

Please note that any misrepresentation of material fact (falsities; if willful) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by deskbird in connection with the written notification and allegation of copyright infringement.

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9. Prohibited Activities

The Client is solely responsible for compliance with all and any laws, rules, regulations, and tax obligations that may apply to their use of the Service. In connection with the Client’s use of the Service, they will not and will not assist or enable others to:

• breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, our Privacy Policy, or these Terms of Service;
• use the deskbird Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms of Service or in a manner that falsely implies a partnership with, or endorsement by, deskbird or otherwise misleads others as to the Client’s affiliation with deskbird;
• copy, store or otherwise access or use any information, including personally identifiable information about any other Client, contained on the deskbird Platform in any way that is inconsistent with our Privacy Policy or these Terms of Service or that otherwise violates the privacy rights of Clients or third parties;
• use the deskbird Platform in connection with the distribution of unsolicited commercial messages (e.g., spam);
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
• post, upload, publish, submit or transmit any Client Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any deskbird policy;
• use, display, mirror or frame the deskbird Platform or Collective Content, or any individual element within the deskbird Platform, deskbird’s name, any deskbird trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the deskbird Platform, without deskbird's express written consent; 
• dilute, tarnish or otherwise harm the deskbird brand in any way, including through unauthorized use of deskbird Content, registering and/or using deskbird or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to deskbird domains, trademarks, copyrights, or deskbird Content;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the deskbird Platform for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by deskbird or any of deskbird’s providers or any other third party to protect the deskbird Platform;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the deskbird Platform; 
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the deskbird Platform;  
• export, re-export, import, or transfer the deskbird Platform except as authorized by Swiss law, the export control laws of the Client’s jurisdiction, and any other applicable laws; and/or
• violate or infringe anyone else’s rights or otherwise cause harm to anyone. 

The Client acknowledges that deskbird has no obligation to monitor the access to or use of the deskbird Platform by any Client or to review, disable access to, or edit any Client Content, but has the right to do so to (a) operate, secure and improve the deskbird Platform (including for fraud prevention, risk assessment, investigation, and customer support purposes); (b) ensure Client’s compliance with the Terms of Service; (c) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (d) respond to User Content that it determines is harmful or objectionable; or (e) as otherwise set forth in the Terms of Service. Clients agree to cooperate with and assist deskbird in good faith, and to provide deskbird with such information and take such actions as may be reasonably requested by deskbird with respect to any investigation undertaken by deskbird or a representative of deskbird regarding the use or abuse of the deskbird Platform.

If the Client feels that any other Client they interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (a) engages in offensive, violent or sexually inappropriate behavior, (b) the Client suspects of stealing from them, or (c) engages in any other disturbing conduct, the Client should immediately report such person to the appropriate authorities and then to deskbird. The Client agrees that any report they make will not obligate deskbird to take any action (beyond that required by law, if any).

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10. Termination and Suspension

These Terms of Service will remain in full force and effect while the Client uses the deskbird Platform. deskbird may suspend or terminate the Terms of Service and the Client’s right to use the deskbird Platform at any time for any reason at deskbird’s sole discretion, including for any use of the deskbird Platform in violation of the Terms of Service. The Client may delete their deskbird Account at any time within their settings or by sending deskbird an email at hello@deskbird.com. Upon termination of the Client’s deskbird Account, their right to access and use the deskbird Platform will terminate immediately.

If the Company deletes its deskbird Account, any subsequent deskbird Accounts will be automatically terminated.

When the Client terminates their deskbird Account, they are not entitled to a restoration of their deskbird Account or any of their Client Content.

In addition, deskbird may take any of the following measures (a) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; (b) if the Client has breached these Terms of Service, applicable laws, regulations, or third party rights; (c) if the Client has provided deskbird with inaccurate, fraudulent, outdated or incomplete information; and/or (d) if deskbird believes in good faith that such action is reasonably necessary to protect the personal safety or property of deskbird, its Clients, or third parties, or to prevent fraud or other illegal activity:

• obscure, delete, or delay any Client Content;
• limit the Client’s access to or use of the deskbird Platform; and/or
• temporarily or permanently suspend the Client’s deskbird Account and stop providing access to the deskbird Platform. 

If deskbird takes any of the measures described above, the Company will not be entitled to any compensation for already paid License Fees.

If the Client’s access to or use of the deskbird Platform has been limited or their deskbird Account has been suspended or terminated by deskbird, the Client may not register a new deskbird Account or access and use the deskbird Platform through a deskbird Account of another Client.

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11. Disclaimers

If the Client chooses to use the deskbird Platform or Collective Content, they do so voluntarily and at their sole risk. The deskbird Platform and Collective Content are provided on an “as is” and “as available” basis, and deskbird expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. deskbird makes no warranty that the deskbird Platform will meet the Client’s requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. deskbird makes no warranty that the Workstations will meet the Client’s requirements, or that any Workstation meets applicable legal standards and is safe or suitable for the intended use. deskbird cannot guarantee and does not promise to Clients any specific results from the use of the deskbird Platform or a Workstation. If applicable law requires any warranties with respect to the deskbird Platform, all such warranties are limited in duration to 90 days from the date of first use. THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

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12. Limitation of Liability

deskbird does not control and is not responsible for the actions of other individuals the Client encounters through the deskbird platform. The Client should be aware that other Clients may not be who they claim to be. deskbird does not perform background checks on its Clients, nor does deskbird guarantee that its Clients’ profiles or account information is accurate. deskbird does not endorse, support, or verify the facts, opinions, or recommendations of its Clients. If a dispute arises between Clients and or, deskbird has no responsibility or obligation to participate, mediate, or indemnify any party.

To the maximum extent permitted by applicable law, deskbird is not responsible or liable in any manner for any loss or damage arising out of the Client’s transactions, communications, Bookings, and interactions with any other Clients or your use of the deskbird platform. The Client hereby releases deskbird from any and all claims, causes of actions, obligations, or liabilities arising from or relating to such transactions, communications and interactions on the deskbird platform, collections sent to the Client by another Client and the quality, conditions or suitability of any Workstation.

To the maximum extent permitted by law, neither deskbird nor any other party involved in creating, producing, or delivering the deskbird Platform or Collective Content will be liable to the Client or any third party for any lost profits, lost data, loss of goodwill, costs of procurement of substitute products or services, any indirect, consequential, exemplary, incidental, special, or punitive damages, or for any damages for personal or bodily injury or emotional distress arising from or relating to (a) these Terms of Service, (b) from the use or inability to use the deskbird Platform or Collective Content, or (c) from any communications, interactions, or meetings with other Clients or other persons with whom the Client communicates, interacts, or meets as a result of their use of the deskbird Platform, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not deskbird has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will deskbird’s aggregate liability arising out of or in connection with the Terms of Service and the Client’s use of the deskbird Platform exceed CHF 100.-. The limitations of damages set forth above are fundamental elements of the basis of the bargain between deskbird and the Client.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

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13. Indemnification

The Client agrees to defend, indemnify, and hold harmless deskbird, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms of Service and/or the Client’s use of the deskbird Platform, including, but not limited to, (i) Client Content, (ii) Workstations, (iii) any use of the deskbird Platform’s content, services and products other than as expressly authorized in the Terms of Service, (iv) the Client’s use of any information obtained from the deskbird Platform, and (v) the Client’s negligence or misuse of the deskbird Platform or a Workstation.

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14. Applicable Law and Jurisdiction

These Terms of Service, including the issues of its formation and validity, shall exclusively be governed by Swiss Law, without regard to conflict of laws and international conventions. This includes issues of the formation and validity of this clause.

The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms of Service and in relation to the subject matter of these Terms of Service, including questions of the formation, validity, invalidity, binding nature, implementation, amendment or addendum, breach or termination of this Agreement, shall be St. Gallen-Switzerland.

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15. Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the deskbird Platform (“Feedback”). If you provide deskbird with any Feedback, you hereby assign all rights of such Feedback to deskbird and agree that deskbird will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. deskbird will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will mark any feedback information as confidential or proprietary if you do not wish that deskbird treats this particular feedback as non-confidential or non-proprietary.

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16. Entire Agreement

The Terms of Service, our Privacy Policy, the Order Form (if applicable) and the SaaS Agreement (if applicable) constitute the entire agreement between the Client and deskbird regarding the deskbird Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the deskbird Platform.

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17. General Provisions

The Terms of Service do not and are not intended to confer any rights or remedies upon any person other than the parties.

If any provision of the Terms of Service is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Service will be unimpaired. In this case, the ineffective or void provision shall be replaced by a new, legally permissible provision which comes closest to the ineffective or void provision in its economic meaning and effect. The same procedure shall be followed if a contractual gap becomes apparent.

Our failure to exercise or enforce any right or provision of the Terms of Service shall not operate as a waiver of such right or provision.

The Client may not assign, transfer or delegate this agreement and their rights and obligations hereunder without deskbird’s prior written consent. deskbird may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion. The Client’s right to terminate their deskbird Account at any time remains unaffected.

Unless specified otherwise, any notices or other communications to Users permitted or required by these Terms of Service will be provided electronically and given by deskbird via email, service notification, or messaging service (including SMS). The date of receipt will be deemed the date on which deskbird transmits the notice.

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18. Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Service or the deskbird platform must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. Should the applicable law provide a shorter timeframe in which claims have to be commenced, then that timeframe shall apply.

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19. Contact Us

This Site and App are operated by deskbird AG. We welcome your comments, questions, concerns, or suggestions. Please contact us using the information below:

deskbird AG
Kesslerstrasse 1
CH-9000 St. Gallen
hello@deskbird.com

We are looking forward to supporting you in creating a better workplace.