Heavendesk Terms of Service and Terms of Sale

1. Who we are

Heavendesk is provided by:

INTEGRA MATEUSZ RYCZKO Gen. Ludomiła Rayskiego 34, 05-140 Łacha, Poland Sole trader registered in the Polish Central Registration and Information on Business (CEIDG), trading since 1 January 2011 NIP: 1131950903 · REGON: 142677103 Email: support@heavendesk.com Website: https://heavendesk.com

referred to below as "we", "us", "the Provider". "You" means the person or organisation using Heavendesk.

Paid plans are sold to you through Link (Sold through Link, LLC), the merchant of record service of our payment provider, Stripe. Link takes your payment, charges any tax and issues your receipts and invoices. What you buy, and everything these terms say about it, is provided by us. See sections 7 to 10.

2. What these terms cover

These terms govern:

• your use of the website at heavendesk.com and your Account;
• your use of the online Service: the connection broker, the fallback relay, and the entitlement system;
• your subscription to a Heavendesk plan (sections 7 to 11).

The software you install on your own machines is licensed to you separately under the End-User Licence Agreement. Personal data is covered by the Privacy Policy. All three documents apply together; where this document and the EULA overlap, the EULA governs the software itself.

By creating an Account, buying a plan, or using the Service, you agree to these terms. If you do not agree, do not use the Service.

3. What Heavendesk is

Heavendesk is a low-latency remote desktop system for Linux. It has two parts:

• Software you run. A server that captures the screen, audio and input on a machine you control, and client applications that connect to it. This runs on your hardware, not ours.
• The Service we run. A website and account system, a broker that authenticates your devices and helps them find each other, and a relay that forwards traffic when a direct connection cannot be established.

Sessions are end-to-end encrypted between your own devices. The relay forwards ciphertext and cannot read the contents of a session. We do not see, record or store the contents of your screen, audio, input or files.

4. Eligibility and Accounts

You must be at least 16 years old and legally able to enter into a contract. If you act for an organisation, you confirm you are authorised to bind it.

When you create an Account:

• give accurate registration details and keep them current;
• keep your password and device tokens confidential;
• you are responsible for everything done through your Account and your enrolled devices;
• tell us promptly at support@heavendesk.com if you believe your Account has been compromised.

We may require you to verify your email address before some features become available. We may refuse, suspend or close an Account that is being used in breach of these terms.

5. Free Tier

Heavendesk can be used without payment at the default entitlement: 1920x1080, 30 fps, up to 2 enrolled devices. This exists so you can test Heavendesk on your own hardware before deciding whether to pay for it.

The Free Tier is supplied free of charge and "AS IS", on the terms of section 14 and section 11 of the EULA. We may change its limits, suspend it, or withdraw it at any time. If your paid plan ends for any reason, your Account returns to these Free Tier limits rather than losing access.

6. Acceptable use

You must not:

• use Heavendesk to access, view, control or inject input into any machine you are not authorised to control;
• use it to monitor or record a person without a lawful basis;
• use it for anything unlawful, or to infringe anyone's rights;
• circumvent entitlement limits, device limits or licence enforcement, or share credentials to exceed them;
• attack, overload, probe, or attempt unauthorised access to the broker, the relay, the website, or other users' devices;
• use the relay to carry traffic that is not part of your own Heavendesk sessions, or resell relay capacity;
• resell, sublicense or provide Heavendesk as a service to third parties without our written agreement.

The relay is a shared, limited resource. We may apply reasonable rate limits, session ceilings and fair-use measures, and may suspend an Account that places a disproportionate load on it.

7. Plans and prices

Plans are subscriptions, billed in advance for each billing period (normally monthly). Each plan sets your entitlement: maximum resolution, maximum frame rate, and the number of devices you may enrol.

Prices are those shown on the /plans page at the time you subscribe. The default currency is EUR. At checkout the price may also be shown converted into your local currency.

VAT or other sales tax due in your country is calculated, charged and paid to the tax authorities by Link. Prices on the /plans page include VAT, and the full amount you will pay is shown at checkout before you confirm.

We may change prices. A price change takes effect for your subscription at the start of the next billing period after we give you notice by email, no less than 14 days in advance. If you do not accept the new price, you may cancel before it takes effect.

8. Payment

Payments are processed by Stripe and the sale is made through Link, as described in section 1. We do not receive or store your card number. By subscribing you authorise Link to charge your payment method for each billing period until you cancel. Link's own terms, shown at checkout, apply to the payment itself.

If a payment fails, Stripe may retry it. During that period your plan normally stays active. If payment ultimately fails, your Account returns to the Free Tier limits.

Link emails you a receipt or invoice for each payment. You can see your order history, update your payment method and billing address, and cancel your subscription at link.com, or contact Link support at support.link.com about a payment.

9. Renewal and cancellation

Subscriptions renew automatically at the end of each billing period unless cancelled.

You may cancel at any time from your Account or through Link. Cancellation takes effect at the end of the current billing period: you keep your plan until then, and are not charged again. We do not pro-rate a period you have already paid for, except where section 10 or the law requires it.

10. Right of withdrawal (consumers)

This section applies if you are a consumer, and equally to a sole trader buying something not of a professional character to them, who under Polish law has the same protection.

You have the right to withdraw from the contract within 14 days of concluding it, without giving a reason. To do so, send a clear statement to support@heavendesk.com, or to Link support at support.link.com. You may use the model withdrawal form annexed to the Polish Act of 30 May 2014 on Consumer Rights, but you do not have to.

Because the Service is made available to you immediately after purchase, you will be asked at checkout to expressly request that performance begins before the withdrawal period ends. If you then withdraw within the 14 days, we refund what you paid less an amount proportionate to the part of the service already provided up to the moment you told us, in line with Article 35 of that Act.

Refunds are made through Link, to the same means of payment you used, within 14 days of receiving your withdrawal.

Nothing here affects your statutory rights, including your rights where the Service or the Software does not conform with the contract.

11. Complaints and conformity

If Heavendesk does not work as it should, contact us at support@heavendesk.com with a description of the problem, the machine and distribution you are using, and, where possible, the relevant log output. We will respond to a consumer complaint within 14 days of receiving it.

Consumers have statutory rights under Chapters 5a and 5b of the Polish Act of 30 May 2014 on Consumer Rights concerning the conformity of digital content and digital services. Those rights apply in addition to anything in these terms and are not limited by section 14.

Read section 14 and Annex A of the EULA before purchasing. Heavendesk is tested on a small number of specific machines, and whether it works on yours is something you should establish on the Free Tier first.

12. Availability, changes and support

We aim to keep the Service running, but:

• we give no uptime guarantee and no service level agreement;
• the broker, relay and website may be unavailable for maintenance, upgrades, failures, or reasons outside our control;
• direct sessions between your own machines on the same network may continue to work while our Service is down, but sessions that need the broker or the relay will not;
• we may change, add or remove features of the Service.

If a change materially and negatively affects your access to a paid plan, we will notify you and you may terminate the affected subscription and receive a refund for the unused remainder of the period you have paid for.

Support is provided by email at support@heavendesk.com on a best-effort basis, in the order requests arrive. Heavendesk is a small operation and there is no guaranteed response time unless we have agreed one with you in writing.

13. Suspension and termination

We may suspend or terminate your Account or a subscription if you materially breach these terms or the EULA, if your use presents a security risk to other users or to our infrastructure, or if we are required to by law. Where it is reasonable to do so, we will warn you first and give you a chance to fix the problem.

If we terminate a paid subscription for a reason that is not your breach, we refund the unused remainder of the period you have paid for.

You may close your Account at any time from the Account page. Closing your Account revokes your enrolled devices and ends your access to the Service. Your Account data is handled as described in the Privacy Policy.

We may also discontinue Heavendesk entirely. If we do, we will give reasonable advance notice by email and refund the unused remainder of any period you have paid for.

14. Disclaimers and limitation of liability

The Service and the Software are 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, accuracy and non-infringement.

We do not warrant that Heavendesk will run on your hardware, that a connection can be established between any two given networks, that sessions will be free of latency, stutter, dropped frames or disconnection, or that defects will be corrected. The tested configurations are listed in Annex A of the EULA, and anything not listed there is untested.

To the maximum extent permitted by law:

• we are not liable for indirect or consequential loss, loss of profit, revenue, business, goodwill or anticipated savings, downtime, or loss or corruption of data;
• our total aggregate liability arising out of or in connection with Heavendesk is limited to the amount you actually paid us in the twelve (12) months before the event giving rise to the claim;
• where you use Heavendesk on the Free Tier and have paid us nothing, that limit is EUR 0, to the extent the law permits a limitation at that level.

These limits do not apply to liability for damage caused intentionally (Article 473 § 2 of the Polish Civil Code), death or personal injury caused by our negligence, or anything else that cannot lawfully be limited. If you are a consumer, they apply only so far as Polish law allows, and your statutory rights are unaffected.

You are responsible for your own systems: for who you allow to connect to them, for keeping them patched, and for your own backups.

15. Changes to these terms

We may change these terms. We will publish the new version with a new date and, if you have an Account, notify you by email at least 14 days before changes that materially affect you take effect. If you do not accept them, you may cancel your subscription and close your Account before they take effect. Continuing to use the Service after that date means you accept the new version.

16. Complaints, disputes and out-of-court resolution

Contact us first at support@heavendesk.com. Most problems are faster to fix that way than through any formal route.

Consumers in Poland may also seek help from a municipal or district consumer ombudsman (miejski lub powiatowy rzecznik konsumentów), from a provincial Trade Inspection Authority (Wojewódzki Inspektorat Inspekcji Handlowej), or through the Office of Competition and Consumer Protection (UOKiK) at https://uokik.gov.pl. Using these routes is voluntary for both sides.

17. Governing law and jurisdiction

These terms are governed by Polish law. If you are a consumer resident in the European Union, this choice does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence, and you may bring proceedings in the courts of that country.

If you are not a consumer, the courts having jurisdiction over the Provider's registered seat have exclusive jurisdiction.

18. General

• Entire agreement. These terms, the EULA and the Privacy Policy are the whole agreement between us about Heavendesk.
• Severability. If a provision is unenforceable, the rest stays in force.
• Assignment. You may not assign these terms. We may assign them as part of a transfer of the Heavendesk business, without reducing your rights.
• Force majeure. Neither side is liable for failure caused by events beyond its reasonable control.
• Language. The English version is the reference version.
• Contact. support@heavendesk.com