Terms of Service

1. This agreement

These Terms of Service (the “Terms”) are a binding agreement between you and Trendifyr Tech (Private) Limited (“we”, “us”, “our”), a private limited company incorporated in the Islamic Republic of Pakistan and registered with the Securities and Exchange Commission of Pakistan (SECP), with its registered office at House No. A-310, Peoples Colony No 1, Faisalabad, Pakistan.

By downloading, installing, accessing or using DeskTunnel, or by creating an account, you accept these Terms. If you do not accept them, do not use the Service.

The following documents form part of these Terms and are incorporated by reference:

• the Privacy Policy;
• the Acceptable Use Policy;
• the Network Participation Terms;
• the Refund and Cancellation Policy;
• the Cookie Policy;
• where applicable, the Data Processing Addendum.

If you accept these Terms on behalf of a company or other organisation, you represent that you have authority to bind it, and “you” means that organisation.

2. Definitions

• “Service” — the DeskTunnel software, the coordination server, the management API and dashboard, this website, and any relay infrastructure we operate.
• “Device” — a computer on which the Service is installed.
• “Session” — a connection between a controlling Device and a controlled Device.
• “Seat” — the unit in which a paid Plan is sold. Each Seat includes the number of User Accounts, managed Devices and concurrent Sessions stated for that Plan at https://www.desktunnel.com/pricing (on Pro, 3 User Accounts, 25 Devices and 5 concurrent Sessions), and each further Seat adds the same again.
• “User Account” — the sign-in of one named individual authorised by your organisation to use the Service. A paid organisation has exactly one Owner, the User Account that manages billing.
• “Plan” — the free or paid tier you are subscribed to.
• “Your Content” — anything transmitted through, displayed in or accessed by means of a Session.

3. Eligibility

You must be at least 16 years old, or the age of digital consent where you live if that is higher, and must have the legal capacity to enter into a contract. The Service is not intended for children.

4. Licence

Subject to these Terms and, for a paid Plan, to payment of the applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Service for its intended purpose, within the limits of your Plan.

You must not, and must not permit anyone else to:

• reverse engineer, decompile or disassemble the Service, except to the extent that such a restriction cannot lawfully be imposed on you;
• copy, modify, translate or create derivative works of it;
• rent, lease, lend, sell, sublicense, distribute or otherwise make it available to a third party, or operate it as a service bureau, except under a written reseller or partner agreement with us;
• remove, obscure or alter any proprietary notice, licence key mechanism, usage limit or security control;
• exceed the limits of your Plan by technical means, or share a User Account between individuals;
• use the Service to build a competing product, or benchmark it for publication without our prior written consent.

The free Plan is licensed for personal and internal use. Using the free Plan to deliver paid support services to third parties, or in place of a paid Plan at scale, is a breach of this section.

5. Accounts

The free Plan requires no account. A paid Plan does. You are responsible for the accuracy of the information you give us, for keeping your credentials secret, and for everything done under your account. Tell us promptly at [email protected] if you believe your account has been compromised.

An organisation account has an owner. The owner, and administrators the owner appoints, can see and manage the Devices, Users and session history within that organisation. If you use the Service through your employer, you should assume your administrators can see which Devices you connected to and when.

6. Consent to connect — the central rule

You must not connect to, control, observe or transfer files to or from a Device unless you are authorised to do so by the person or organisation that owns or lawfully controls it.

Authorisation means a genuine, informed agreement obtained before the Session. It is not obtained by persuading somebody over the telephone to read out a number they do not understand the significance of. Where a Device is configured for unattended access, authorisation must have been given by its owner at the point of configuration.

You are solely responsible for establishing that you have that authority. Because Sessions are encrypted end to end, we cannot see what you do in one, cannot verify your authority, and cannot intervene in a Session in progress. The technical design that protects you is the same design that leaves this entirely to you.

Unauthorised access to a computer system is a criminal offence in most jurisdictions, including under the Prevention of Electronic Crimes Act 2016 in Pakistan. Breach of this section is a material breach of these Terms and entitles us to terminate immediately under section 21.

Fraud warning. If somebody you did not contact asks you to install remote access software and give them your address — claiming to be from a bank, a tax authority, a software company or a delivery service — it is a scam. Stop, and do not give them the number.

7. Unattended access

The Service can be configured so that a Device accepts a Session without anybody present. You may only do this on a Device you own or are authorised to configure that way.

Where unattended access is enabled by a Device’s own setting with an empty list of permitted addresses, any person who knows that Device’s address can connect to it. The software tells you this at the point of configuration. You are responsible for that choice.

You must set a strong unattended-access password where one is used, and must not share it. We apply escalating lockouts after repeated failures, but a weak password is still a weak password.

8. Acceptable use

Your use must comply with the Acceptable Use Policy, which forms part of these Terms. In summary, you must not use the Service to commit a crime, to access systems you are not authorised to access, to defraud or deceive anyone, to infringe intellectual property, to harass or harm anyone, or to disrupt the Service or anybody else’s use of it.

9. Network participation

The Service may relay Sessions that cannot be connected directly, and a Device with a suitable internet connection may itself be used as a relay for other users’ encrypted traffic. This applies to free and paid Devices alike. The detail, including bandwidth consumption, the limits we apply and how to opt out, is in the Network Participation Terms, which form part of these Terms and which you should read before installing.

10. Plans, fees and payment

10.1 Plans

Current Plans, their prices and their limits are published at https://www.desktunnel.com/pricing. Fees are stated per Seat and are exclusive of any taxes, duties or levies, which you are responsible for unless we are required to collect them.

Volume price. Where a Plan says so, every Seat from a stated number on is charged at a reduced rate (on Pro and Business, every Seat from the third is 20% off). The reduced rate applies to those Seats on every renewal for as long as you keep them.

Concurrent Sessions. Your organisation’s concurrent Sessions — the total its Seats include — are shared by all of its User Accounts. Your Owner may set how many of them each person may run at once, never more than the total. A User Account may run several Sessions at once from one computer, but not from two computers at the same time: starting a Session on a second computer ends the Sessions on the first, after you confirm it.

10.2 Billing

Paid Plans are billed in advance, monthly or yearly as you choose, and renew automatically for successive periods until cancelled. Payments are processed by SafePay.

Renewal invoices. Seven (7) days before each renewal date we issue an invoice for the next period and e-mail it to your organisation’s billing contact with a secure link to pay it. We send reminders three (3) days and one (1) day before the renewal date; the last one attaches the invoice. Your invoices, payments and saved card are in the billing portal on our website.

Saved card. You may choose to save a card for future payments. The card is held by SafePay; we keep only its type, last four digits and expiry so that you can recognise it. If you leave “charge it automatically” on, you authorise us and SafePay to charge that card for each renewal invoice, from one day before its due date. You can turn automatic payment off or remove the card at any time in the billing portal.

10.3 Unpaid invoices

If a renewal invoice is not paid by its due date, your subscription becomes inactive at that moment, with no grace period. While it is inactive: unattended access to every device managed by your organisation is switched off, sessions admitted on your organisation’s authority are ended, and the management dashboard and every other paid feature are unavailable. DeskTunnel keeps working as the free edition, so a person at a device can still accept a connection. If an automatic payment fails we will tell you and may retry it.

Paying the invoice restores everything immediately, for a new period starting on the day you pay. We will not delete your data for non-payment within the retention periods in the Privacy Policy.

10.4 Price changes

We may change prices. A change will not affect a period you have already paid for, and we will give at least thirty (30) days’ notice by e-mail before it applies to a renewal. If you do not accept it, cancel before the renewal date.

10.5 Changing Plan

Upgrading takes effect immediately and we charge the difference for the remainder of the period. Downgrading takes effect at the end of the period you have paid for, so you keep what you bought. A downgrade may place you over the limits of the lower Plan; you are responsible for bringing your usage within them.

Adding and removing Seats. Seats you add take effect immediately; we charge for them for the days left in the current period, and from the next renewal they are billed with your other Seats. Removing Seats takes effect at the next renewal date, and only to a number of Seats that still includes the User Accounts and Devices your organisation has at that time; we do not refund Seats for the period already paid for.

11. Trials and coupons

We may issue coupons that grant a free trial period or a reduction in fees. Unless the coupon says otherwise:

• a coupon has no cash value and cannot be exchanged, refunded or transferred;
• only one coupon may be applied to a subscription;
• a coupon may be limited by Plan, billing cycle, minimum order value, validity period, total number of redemptions, redemptions per customer, and to new customers only;
• we may withdraw or cancel a coupon at any time before it is redeemed.

What happens when a trial ends. A trial coupon gives you a stated number of free months. Your subscription is not cancelled when the trial ends — it continues automatically at the list price of your Plan, on the billing cycle you chose, and your payment method will be charged. We will write to you before that happens. If you do not want to continue, cancel before the trial ends and nothing will be charged.

Discount coupons reduce the fee either once, for a stated number of months, or for the lifetime of the subscription. A lifetime discount lasts only as long as the subscription does: if you cancel and later resubscribe, the discount does not revive unless we say so in writing.

Obtaining or using a coupon by misrepresentation, by creating multiple accounts, or by any automated means is a breach of these Terms. We may cancel the resulting subscription, reverse the redemption and charge the full price.

12. Refunds and cancellation

You may cancel at any time; your Plan then runs to the end of the period you have paid for and does not renew, and on that date it becomes inactive as described in section 10.3. You can restart it from the billing portal. If we refund a payment, the subscription it paid for ends when the refund is made, not at the end of its period. Refunds are governed by the Refund and Cancellation Policy. If you are a consumer in a jurisdiction granting statutory cancellation rights, those rights apply in addition and are not affected by that policy.

13. Availability and support

We aim to keep the Service available but do not guarantee uninterrupted operation. It depends on the internet, on your network and on your Devices, none of which we control. We may carry out maintenance, and will try to schedule it to minimise disruption.

No service level is promised on any published Plan unless we have agreed one with you in a separate written agreement. Support is provided at the level stated for your Plan.

Updates. The software checks for new releases about every fifteen minutes. A release we mark as mandatory — typically a security fix — becomes due on a Device about an hour after that Device first sees it. If someone is signed in to the Device and DeskTunnel is running, they are asked to install it now or be reminded four hours later; if nobody answers within fifteen minutes, it is installed automatically without a further prompt. A Device nobody signs in to installs it automatically when it falls due. A signed-in user of a paid Plan may also ask a Device of their organization that they are allowed to reach to install the latest published release straight away. It is never installed while a Session is in progress on that Device. Other releases are offered for you to install when you choose.

14. Your data

You retain all rights in Your Content. We claim no ownership of it, and we cannot access it: Sessions are encrypted end to end and we hold no key. We process personal data as described in the Privacy Policy.

You are responsible for your own backups. The Service is a means of access, not a storage or backup product.

15. Intellectual property

The Service, including its software, design, documentation, trade marks and the name “DeskTunnel”, is owned by us and protected by intellectual property law. These Terms grant you a licence to use it, and nothing else. All rights not expressly granted are reserved.

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without obligation to you. We are glad to receive feedback; we cannot accept an entitlement attached to it.

16. Third-party components

The Service includes third-party and open-source components, which are licensed to you under their own terms. Where such terms conflict with these Terms in respect of that component, the component’s terms prevail for it. A list of components and their licences is available on request.

17. Warranties and disclaimers

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available”, without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement.

We do not warrant that:

• the Service will be uninterrupted, timely, secure or error-free;
• a direct connection will be achievable between any two Devices;
• defects will be corrected, or that it is free of harmful components;
• it will meet your requirements or achieve any particular result.

The Service is not designed, intended or licensed for use in hazardous environments requiring fail-safe performance, including the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life-support machines, weapons systems, or any activity in which failure could lead to death, personal injury or severe physical or environmental damage. We expressly disclaim any warranty of fitness for such purposes.

Nothing in this section excludes a warranty or condition which cannot lawfully be excluded, and if you are a consumer your statutory rights are unaffected.

18. Limitation of liability

Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability which cannot lawfully be excluded or limited.

Subject to that, and to the maximum extent permitted by applicable law:

• we are not liable for any indirect, incidental, special, consequential, exemplary or punitive loss, or for loss of profit, revenue, business, goodwill, anticipated savings, data or data use, however arising and whether or not foreseeable;
• our total aggregate liability arising out of or in connection with these Terms and the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the greater of (a) the total fees you actually paid us in the twelve (12) months immediately preceding the event giving rise to the claim, and (b) one hundred United States dollars (USD 100).

Where you use the Service under the free Plan, and have therefore paid us nothing, our aggregate liability is limited to one hundred United States dollars (USD 100).

We are not liable for: anything done or omitted by you or by a person using your account or your Device; the acts or omissions of other users; the content of any Session; or any failure of your internet connection, network, hardware or operating system.

You acknowledge that the allocation of risk in this section is a fundamental element of the basis of the bargain between us, and that the fees would be substantially higher without it.

If you are a consumer, this section applies only to the extent permitted by the consumer law of your country of residence, and your statutory rights are unaffected.

19. Indemnity

You will indemnify, defend and hold harmless Trendifyr Tech (Private) Limited, its directors, officers, employees and agents from and against any claim, demand, proceeding, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or in connection with:

• your use of the Service in breach of these Terms or of any applicable law;
• any Session you initiate or permit without the authorisation required by section 6;
• Your Content, and anything you do by means of a Session;
• your breach of a third party’s rights.

This section does not apply to a consumer except to the extent permitted by applicable consumer law.

20. Sanctions and export control

You represent that you are not located in, resident in, or acting on behalf of a person or entity in a country or territory subject to comprehensive sanctions, and that you are not a person with whom dealing is prohibited under the sanctions or export-control laws of Pakistan, the United Nations, the United States, the United Kingdom or the European Union. You must not use or export the Service in breach of those laws.

21. Suspension and termination

You may stop using the Service at any time, and may cancel a paid Plan as described in section 12.

We may suspend or terminate your access, in whole or in part, where:

• you are in material breach of these Terms, including sections 6, 8 or 9;
• we are required to by law or by a competent authority;
• continuing would expose us, another user or a third party to a security risk or legal liability;
• fees remain unpaid after notice.

Where it is reasonable and lawful to do so we will give notice and an opportunity to put the matter right. Where the breach is serious — in particular a breach of section 6 — we may act immediately.

On termination your licence ends and you must stop using the Service. Sections 14, 15, 17, 18, 19, 23 and 24 survive, as does any provision which by its nature should.

22. Changes to these terms

We may change these Terms. For a material change we will give at least thirty (30) days’ notice by e-mail to account holders and by a notice on this website. Continuing to use the Service after a change takes effect constitutes acceptance. If you do not accept it, stop using the Service and cancel; where you have paid for a period you cannot use as a result, we will refund the unused part.

23. Governing law and disputes

These Terms and any dispute arising out of or in connection with them, including any non-contractual dispute, are governed by the laws of the Islamic Republic of Pakistan.

Talk to us first. Before commencing proceedings, please raise the matter with us at [email protected]. We will try in good faith to resolve it within thirty (30) days. Most disputes end there.

Arbitration. Any dispute not resolved under the preceding paragraph will be referred to and finally resolved by arbitration under the Arbitration Act 1940 of Pakistan by a sole arbitrator appointed by agreement between the parties or, failing agreement within thirty (30) days, by the competent court. The seat of arbitration is Faisalabad, Punjab, Pakistan, and the language is English.

Courts. Subject to the arbitration provision, the parties submit to the exclusive jurisdiction of the courts at Faisalabad, Punjab, Pakistan.

If you are a consumer, nothing in this section deprives you of the protection of the mandatory consumer-protection law of your country of residence, or of your right to bring proceedings in the courts of that country.

No class actions. To the extent permitted by applicable law, disputes will be resolved individually and not as a claimant or class member in any purported class or representative proceeding.

24. General

• Entire agreement. These Terms and the documents incorporated into them are the entire agreement between us about the Service and supersede any prior understanding.
• Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest continues in force.
• No waiver. A failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for a failure to perform caused by an event beyond its reasonable control, including internet or power failure, act of government, natural disaster, epidemic, war or civil disturbance.
• Third parties. Nobody other than you and us has any right to enforce these Terms.
• Notices. We may give notice by e-mail to the address on your account or by a notice on this website. You give notice to us at [email protected].
• Language. These Terms are drawn up in English, and the English version prevails over any translation.

25. Contact

Trendifyr Tech (Private) Limited
Registered office: House No. A-310, Peoples Colony No 1, Faisalabad, Pakistan
Legal: [email protected]
Support: [email protected]
Phone: +92 333 6683883 (calls and WhatsApp)