📘 Deskmond Terms of Service

Last Updated: April 2025

Welcome to Deskmond (the "Service"), an e-learning platform designed primarily for primary schools, individual teachers, and their students. These Terms of Service ("Terms") constitute a legally binding agreement between you (the "User" or "Tenant") and Deskmond, a sole proprietorship based in the United Kingdom.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THE SERVICE.

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📖 1. Definitions

• "Service": The Deskmond platform, including all content, features, and functionality.
• "Tenant": A school or individual teacher registered on the Service.
• "User": Anyone using the Service — Tenants, parents, and children.
• "Child": An individual under the age of 18.
• "Parent": The legal guardian creating and managing a child's profile.
• "Content": Any material uploaded/shared via the Service (e.g. text, images, videos).

🧑‍🏫 2. Eligibility and Account Registration

2.1 Tenant Registration

• Must be at least 18 years old
• Be a qualified educational institution or professional educator
• Have the legal capacity to enter into contracts

2.2 Account Information

Provide accurate, current, and complete information. You're responsible for all activities under your account.

2.3 Child Users

• Children may only be added by their parents/legal guardians
• Only first name, surname, and parent email may be entered
• Tenants must not collect/store additional child data
• You must comply with applicable child privacy laws

💳 3. Subscription and Payment

3.1 Free Trial

30-day free trial for new Tenants. Paid subscription required after that.

3.2 Subscription Plans

Monthly and yearly plans available. Pricing is listed on our website and may change.

3.3 Payment and Renewal

Subscriptions are prepaid. They auto-renew unless cancelled before renewal date.

3.4 Cancellation and Refunds

Cancel anytime via account settings. Refunds are subject to our Refund Policy.

3.5 Delinquent Accounts

Accounts over 60 days overdue may be suspended or deleted, along with their data.

🛡️ 4. Child Privacy and Data Protection

4.1 Legal Compliance

You must comply with child privacy laws including COPPA, GDPR, POPIA, etc.

4.2 Parental Consent

Parents creating learner profiles confirm consent for processing child names and emails.

4.3 Data Minimization

We only collect the child’s name, surname, and parent email.

4.4 Data Storage

We use GDPR-compliant providers like Iubenda and Backblaze. Review their terms independently.

4.5 Data Subject Rights

Parents can email privacy@deskmond.com for access/deletion requests within 30 days.

4.6 Breach Notification

Notify Deskmond and parents immediately if a breach occurs.

4.7 Indemnification

You indemnify Deskmond for legal claims resulting from your non-compliance with data laws.

4.8 Data Processing Agreement (DPA)

Under GDPR, this section acts as the DPA:

• Controller: Tenant
• Processor: Deskmond
• Scope: Only minimal data processed (name, surname, email)
• Security: Technical & organisational measures in place
• Sub-processors: GDPR-compliant; list available on request
• Deletion: Data deleted within 30 days of account termination unless otherwise required by law

📤 5. User Content

5.1 Ownership and License

You own your content. You grant us a limited license to use it to operate the Service.

5.2 Content Restrictions

• No infringing, obscene, harmful, or illegal content
• No privacy-violating or child-inappropriate material

5.3 Monitoring and Removal

We may remove content that violates these Terms.

💡 6. Intellectual Property

We own the platform, software, branding, and design. Don’t copy, reverse engineer, or use for commercial gain.

🚫 7. Prohibited Conduct

• No illegal activity or rights violations
• No impersonation or unauthorized system access
• No uploading of malware
• No scraping or unauthorized personal data collection

🔗 8. Third-Party Services

We may link to or integrate with third-party services. We’re not responsible for their content, terms, or handling of data.

⚠️ 9. Disclaimer of Warranties

Service is provided "as is" and "as available." No guarantees of uptime, accuracy, or suitability.

💥 10. Limitation of Liability

To the extent allowed by law, we’re not liable for indirect or consequential damages. Our total liability is capped at what you’ve paid in the last 12 months.

🛑 11. Termination

11.1 By You

Close your account anytime via your dashboard.

11.2 By Us

We may suspend or terminate accounts due to violations, inactivity, or legal/security issues — with 30 days’ notice unless urgent.

11.3 After Termination

• You lose access
• Data deleted after 30-day grace period

⚖️ 12. Dispute Resolution

These Terms are governed by Mauritian law. Disputes go to binding arbitration in Mauritius after good-faith negotiation.

📌 13. General Terms

• Entire Agreement: These Terms + Privacy Policy
• Severability: If one part fails, the rest stands
• Waiver: No enforcement ≠ giving up rights
• Assignment: You can’t transfer rights; we can on restructure/sale
• Contact: support@deskmond.com

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✅ By using Deskmond, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.