Terms

Terms of Service for GorillaDesk

Please read these Terms of Service and our Privacy Policy carefully because they govern your use of our services including use of our website and mobile application (“Services”). By simply using or logging into the GorillaDesk website or mobile application, you are automatically agreeing to these Terms of Service (“Terms”) and our Privacy Policy.

If you don’t agree to be bound by the Terms of Service and Privacy Policy, you may not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and certify that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity that owns and controls the data in your GorillaDesk account (“Account”) and is the “Account Owner.”

You agree to provide GorillaDesk with current, complete and accurate registration information as prompted by the Services’ registration process. You agree not to omit or misrepresent any information provided in your GorillaDesk registration, and further agree to update your registration information periodically to ensure that it is current, complete and accurate. You further authorize GorillaDesk to verify your registration information as required for your use of the Services.

Your GorillaDesk Account

You will be required to create a Gorilla Desk Account and specify a password in order to use the Services. To create an Account, you must be at least 18 years of age. The owner of the Account and the Account data is the company specified in the account registration. You will be required during registration to identify a “Super Administrator” for the Account who may also register others as “administrators” or “technicians” and designate certain Account access restrictions and privileges to them. If an Account Owner or their agents or employees are concerned with password security requirements or access rights, they must contact their GorillaDesk administrator.

GorillaDesk decides who is the Account Owner based on a number of factors, including the content in that Account, and the contact and profile information listed for that Account. In cases where differing contact and profile information is present or GorillaDesk is unable to reasonably determine ownership, GorillaDesk will require you to resolve the matter through proper channels outside of GorillaDesk.

When a dispute as to the Account Owner is identified, GorillaDesk may suspend any Account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the Account until the dispute is properly resolved.

Mandatory GorillaDesk Account Requirements and Qualifications

You must be 18 years or older to use this Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
Account Owners must ensure that their users do not reveal their account passwords to others or allow use of their accounts by others and protect such passwords from unauthorized use or access.
Super Administrators and/or Account Owners are responsible for setting and maintaining password policies and access controls in their environment and must configure their hardware and software in a way that reasonably prevents unauthorized users from accessing their accounts.
Super Administrators and/or Account Owners are responsible for setting and maintaining password policies and access controls in a customer’s environment.
GorillaDesk will not be liable for any loss or damage from your failure to comply with these security obligations.
Account Owners are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have accounts under your account). GorillaDesk cannot and will not be liable for any loss or damage.
One person or legal entity may not maintain more than one free Account.
Account Owners agree to abide by all policies set out in the Customer Acceptable Use Policy below.
GorillaDesk is not liable for any damages when the Account Owner grants access to the Account to its business partners, third party partners, affiliates or franchises.
You may not be based in Cuba, Iran, North Korea, Syria, or any other territory that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country.
You may not be listed in any U.S. government list of prohibited or restricted persons.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

Account Data Ownership and Responsibilities

You own your Account Data. We will not access your Account Data for any purpose other than in connection with the provision of Services, our Privacy Policy and these Terms of Service.

These Terms do not give an Account Owner ownership of all elements of the application. Account Owners and their agents and employees must not manipulate, remove, alter, or in any way obscure elements of the Service(s) provided by GorillaDesk. This includes pages, branding, application features/functions, etc.

The Account Owner is solely responsible for all of their data that is input into GorillaDesk (“Data”). As the Account Owner, you represent and warrant that (i) you have received all appropriate rights, consents, permissions, waivers and notices required for you to be able to provide your Data to Gorilla Desk, in compliance with all applicable laws and contractual requirements; and (ii) neither your Data, nor your use and provision of your Data to be made available through the Services, nor any use of your Data by GorillaDesk on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your Data by specifically deleting it from our Site. We are not responsible or liable for the removal or deletion of any of your Data.

Account Owner Acceptable Use Policy

This Account Owner Acceptable Use Policy (“AUP”) describes actions that are prohibited when the Account Owner or its agents or employees use the GorillaDesk software. GorillaDesk reserves the right to suspend access to the software as a result of any violation of this AUP by the Account Owner or any of its agents or employees.

Users are not permitted to misuse GorillaDesk software. This includes attempting to access the software or its features outside of the intended methods. Users are to use GorillaDesk software for purposes directly related to their business processes. If it is discovered that GorillaDesk software has been used in violation of the AUP, GorillaDesk may suspend your right to use of the software.

Account Owners agree not to upload or otherwise transmit to or through the software any of the following material or other content:

content that infringes the intellectual property rights or other rights of third parties, including without limitation trademark rights, copyrights or rights of publicity or privacy;
content that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs or code;
content that is libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;
content that promotes or enables any illegal activity; or
personal medical information of any nature or any other non-public personally identifiable information that could be legally considered private or sensitive, including without limitation social security numbers, driver’s license numbers, birth dates, passport or visa numbers.

If any of the foregoing content is uploaded to the GorillaDesk software, upon discovery, Account Owner agrees to remove such content immediately or, at its reasonable discretion, GorillaDesk may purge such data.

In addition, Account Owner will not use, or encourage or allow any other person or entity to use, the software in any of the following manners:

Launching or facilitating a denial of service attack on any GorillaDesk software;
Adversely impacting the availability, reliability or stability of any GorillaDesk software;
Attempting to bypass or break any security mechanism on any of the GorillaDesk services or using the software in any other manner that poses a security or service risk to GorillaDesk, to any user of the software or to any of GorillaDesk’s customers;
Testing, scanning, probing or reverse-engineering the software in order to find limitations, vulnerabilities or evade filtering capabilities;
Using the software in any manner that may subject GorillaDesk or any third party to liability, damages or danger;
Using the software to engage in illegal or fraudulent activity;
Interfering with or disrupting networks connected to the software or violating the regulations, policies or procedures of such networks;
Manipulating, removing, altering or in any way obscuring pages or other elements of the software; or
Creating a GorillaDesk account for the purpose of competitive evaluation or research or otherwise allowing any person or entity that offers or provides services that are competitive with GorillaDesk’s products and/or services to use or access any software.

General Conditions

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Technical support is provided to all Account Owners and is available via email and phone.
You understand that GorillaDesk uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, GorillaDesk, or any other GorillaDesk service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by GorillaDesk.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any GorillaDesk customer, employee, member, or officer will result in immediate Account termination.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
GorillaDesk does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
We reserve the right to modify GorillaDesk’s content at any time, with or without notice to you. We may add or remove functionality or features, and we may suspend or stop a particular feature completely.
You expressly understand and agree that GorillaDesk shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GorillaDesk has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) or any other matter relating to the Service.
The failure of GorillaDesk to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
We reserve the right to take down content, terminate your Account, prohibit you from using GorillaDesk or take any other action we deem necessary, including legal action.
We may communicate with you via email or by posting notices on GorillaDesk. You agree that all such electronic communications that are provided to you are deemed delivered and effective when sent to the email address you provided to us and satisfy any legal requirement that such communications be in writing.
These Terms of Service and Privacy Policy are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Service, the Privacy Policy or your use of the Service reside in the courts located in Boca Raton, Florida.
The Terms of Service and Privacy Policy constitute the entire agreement between you and GorillaDesk and govern your use of the Service, superseding any prior agreements between you and GorillaDesk (including, but not limited to, any prior versions of the Terms of Service).
These Terms of Service are effective as of the date below. These Terms of Service may be modified from time to time and your continued use of the Services signifies your agreement to any modifications to the Terms of Service.

Refund & Cancellation Policy

Once your GorillaDesk subscription starts you can’t get a refund for payments already made. If you don’t want to subscribe any more, request to cancel your subscription inside your GorillaDesk account. You will still have access to the subscription until the end of the period you’ve paid for.

There are no refunds for payments for GorillaDesk add-on products, including SMS packages and custom documents.

Terminating the Services

Either GorillaDesk or you may terminate the use of the Services by you at any time and for any reason by terminating your GorillaDesk account, or, by either party giving notice to the other party of termination via email. GorillaDesk may suspend the Service to you at any time, with or without cause and with or without notice. Once your Gorilla Desk account is terminated, you acknowledge and agree that we may permanently delete your GorillaDesk account and all the data associated with it any time after 30 days from the date of termination of the GorillaDesk account. Usernames are unique and can only be used once. If your GorillaDesk account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

These Terms of Service are effective March 5th, 2020.