Terms and Conditions

This Agreement (“Agreement”) is a legal agreement between you (either an individual or an entity) and Jooneli Inc. (“Company”) and applies to your use of the Software (“Software”) provided by Company. By accessing or using the Software, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not use the Software.

1. License

Company grants you a limited, non-exclusive, non-transferable, revocable license to use the Software for your personal or internal business use, subject to the terms and conditions of this Agreement. You are not allowed to rent, lease, lend, sell, redistribute, or sublicense the Software or any part of it.

2. Restrictions

You shall not, and shall not allow any third party to:

i. modify, adapt, translate, or create derivative works of the Software

ii. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software

iii. remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the Software

iv. use the Software in any manner that violates any applicable laws or regulations

3. Ownership

The Software and all intellectual property rights in and to the Software, including but not limited to patents, copyrights, trademarks, and trade secrets, are owned by Company and its licensors. This Agreement does not grant you any ownership rights in the Software.

4. Support and Maintenance

Company may provide support and maintenance for the Software at its sole discretion. The terms and conditions of such support and maintenance will be separately agreed upon by the parties.

5. Termination

This Agreement is effective until terminated. Company may terminate this Agreement at any time without notice if you breach any term or condition of this Agreement. Upon termination, you must destroy all copies of the Software.

6. Disclaimer of Warranties

The Software is provided “as is” and without warranty of any kind. Company and its licensors hereby disclaim all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Company does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.

7. Limitation of Liability

To the maximum extent permitted by law, Company and its licensors shall not be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the Software, even if Company has been advised of the possibility of such damages.

8. Indemnification

You shall indemnify and hold Company and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Software, your violation of this Agreement, or your violation of any rights of another.

9. Governing Law

This Agreement constitutes the entire agreement between you and Company and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

10. Entire Agreement

This Agreement constitutes the entire agreement between you and Company and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

11. Waiver

The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any right hereunder.

12. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. No Assignment

You may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of the Company.

14. Force Majeure

Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, and strikes, shortages of labor or materials, and governmental actions.

15. Relationship of the Parties

This Agreement does not create a partnership, joint venture, or agency relationship between you and Company.

16. No Third-Party Beneficiaries

This Agreement is for the benefit of the parties hereto and their successors and assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other person.

17. Survival

The provisions of this Agreement that by their nature should survive termination shall survive termination, including, but not limited to, provisions regarding ownership, warranty disclaimers, indemnification, and limitations of liability.

18. Disclaimer of Usage

Multipledesk, being Remote Control Software, possesses the capability to facilitate a wide range of activities, both legitimate and otherwise. It is imperative to acknowledge that Multipledesk is a tool and does not inherently endorse or condone any specific use. As such, the Company explicitly disclaims any responsibility or liability for any damages, losses, or consequences that may arise from the use of our software. Users are advised to utilize Multipledesk responsibly and in compliance with applicable laws and ethical standards. Please refer to the terms and conditions outlined in Sections 7 (Limitation of Liability) and 8 (Indemnification) for further details regarding the extent of our liability protections and user obligations.

6. Privacy Policy

This Privacy Policy (hereinafter the “Policy”) governs the terms and conditions under which Jooneli Inc. (hereinafter “us” or “we”), processes personal data in connection with the activities and services concerning the operation of the website rustdesk.com and other websites or social media profiles run and managed by us (hereinafter the “Websites”).
We are serious about protecting your personal data and want you to feel safe and comfortable while browsing our Websites. We therefore respect the confidentiality of your personal data and always proceed in accordance with the provisions of data protection legislation, in particular, Company Act 2058 of the Government of Nepal.
With respect to the above, we use this Policy to inform you about how, for what purposes and to what extent we use your personal data and what information about you as a user of the Websites we may process.

Definitions

“Personal data” means any information relating to a data subject;
“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;
“Data subject” means any identified or identifiable person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
“Data processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Basic information about personal data processing conducted by us

We always process your personal data lawfully, fairly, in a transparent manner and for specified, explicit and legitimate purposes. We process personal data only to the minimum necessary extent and we keep them in a form which permits your identification for no longer than is necessary vis-à-vis the purpose of the processing.
We process your personal data in a manner that sufficiently ensures their integrity and confidentiality, i.e. by appropriate technical or organizational measures and appropriate protection against unauthorized or unlawful processing and against loss, destruction or damage. We take care to ensure that personal data that are inaccurate, having regard to the purpose for which we process them, are erased or rectified without delay.
We respect the principle of refraining from personal data processing and the principle of data minimization. We therefore only retain your personal data if it is necessary in order to achieve the purpose of the processing or for various retention periods specified by law. The relevant data are erased in accordance with the law if the relevant purpose ceases to exist as a result of the withdrawal of your consent and/or upon the expiration of the lawful retention period.
For the above reasons, we use computer security such as a firewall and data encryption to operate our Websites. We have implemented adequate physical, electronic and procedural safeguards and use reliable IT service providers. However, given the nature of the internet, we would like to bring to your attention the fact that certain security gaps may exist in the transmission of personal data via the internet (e.g. in communication via e-mail) and that full protection of personal data preventing third party access is impossible.

Legal ground, purpose and extent of the processing of your personal data

We may process your personal data for the following legal grounds and for the following purposes:
a. Provision and improvement of and support for our Websites
We process various information about your online activity, e.g. the time of access to our Websites, the time spent on our websites, conversions (i.e. completed activity on our Websites), etc., for the purposes of technical support and improvement of our Websites as well as monitoring of functionalities thereof (for details regarding the extent of the data being processed see Article 4 (c) - d) of this Policy). For this purpose of personal data processing, we process your personal data under the lawful ground of legitimate interest (operation of the Websites, statistical purposes and data security).
b. Processing of the personal data of the visitors to the Websites
If you publish any personal data on our Websites, we may process such personal data to the extent published for the purpose of responding to your post. Usually, we process following personal data categories on our Websites: your name, surname and any personal data which you upload on the Websites or which we receive via personal messages. For these purposes of personal data processing, we process the above mentioned personal data under lawful ground of negotiation and performance of a contract (customer and technical support under the Multipledesk software license agreement concluded between us and yourself) and legitimate interest (general communication between us and yourself).
c. Cookies
We use various cookie files, which may contain your personal data (e.g. your IP address or the configuration of your browser and computer). We use cookies on the basis of your consent that you express via the cookies settings displayed to you in a banner during your first visit to our Websites. This consent can be subsequently amended / withdrawn via your web browser settings (to the extended allowed by the respective browser).
d. Multipledesk
To provide you with the Multipledesk software application and to constantly improve our services including customer support, we process following personal data about you and your device: start of the Multipledesk software application, IP-address of the device, statistical information about your computer (e.g. CPU-type, screen resolution), time and duration of Multipledesk software sessions and Multipledesk-IDs(your device code) of the Multipledesk’s session participants.
We process the personal data acquired via the Multipledesk software under lawful grounds of performance of a contract (performance of Multipledesk software license agreement concluded between us and yourself including customer support) and our legitimate interest (Multipledesk software development).