Legal
Terms of Service
These Terms contain a disclaimer of warranties (section 11), a limitation of liability (section 12), an indemnity you give us (section 13), and a Texas governing law and venue clause (section 17). They allocate risk between us. Please read them.
- Who these terms are with
- The Service
- Accounts and eligibility
- Your authorisation to access devices
- Acceptable use
- Fees, billing and taxes
- Trials and preview features
- Customer data
- Confidentiality
- Intellectual property
- Disclaimer of warranties
- Limitation of liability
- Indemnification
- Suspension and termination
- Third-party components
- Export, sanctions and anti-corruption
- Governing law and disputes
- Changes to these terms
- General
- Contact
1Who these terms are with
These Terms of Service ("Terms") are a binding agreement between Houston IT Developers LLC, a Texas limited liability company with its principal place of business in Houston, Texas ("Houston IT Developers", "we", "us", "our"), and the individual or entity agreeing to them ("Customer", "you", "your").
By creating an account, installing an agent, or using the Service, you accept these Terms. If you are accepting on behalf of an organisation, you represent that you have authority to bind it, and "you" means that organisation.
2The Service
"Service" means the Remote Login platform: the hosted web application, the technician console, the device agents and installers, the mobile applications, the session relay, the APIs, and any documentation we make available.
The Service lets authorised technicians remotely view and, where the platform supports it, control computers that you or your customers own or administer. Capabilities differ by operating system, and those differences are set by the operating system vendors rather than by us. We publish the per-platform capability matrix on our website; it forms part of the description of the Service. Certain platforms — notably Apple iOS and iPadOS — cannot be remotely controlled by any third-party product, and nothing in these Terms should be read as promising that capability.
We may improve, modify or discontinue features. If we discontinue a material feature of a paid plan, you may terminate and receive a pro-rata refund of prepaid, unused fees for that plan as your sole remedy.
3Accounts and eligibility
You must be at least 18 and legally able to enter a contract. You are responsible for all activity under your account, for the accuracy of the information you give us, for keeping credentials secure, and for enabling and maintaining two-step verification on technician accounts. Notify us promptly at [email protected] if you suspect unauthorised use.
Each technician seat is for one named individual. Seats must not be shared or used concurrently by multiple people.
4Your authorisation to access devices
This section is the core allocation of responsibility in this agreement. You alone determine which devices you connect to and whether you are entitled to do so. We provide the tool; we do not and cannot verify your authority over any given device.
You represent, warrant and covenant that for every device you access using the Service you hold all necessary rights, authorisations, consents and notices required by applicable law — including employment, privacy, data-protection, wiretapping, recording and computer-misuse laws in every relevant jurisdiction — and that such access is for a legitimate support, administration, maintenance or security purpose.
You are responsible for informing the individuals who use those devices about the remote access and monitoring capabilities to the extent the law requires. If you support organisations other than your own, you must obtain these rights from each of them and bind them to terms at least as protective as these Terms and the Acceptable Use Policy.
5Acceptable use
Your use is governed by the Acceptable Use Policy, which is incorporated into these Terms by reference. Breach of that policy is a material breach of these Terms. It prohibits, among other things, unauthorised access, covert monitoring and stalkerware, impersonation and technical-support fraud, and use of the Service as attack infrastructure.
6Fees, billing and taxes
Paid plans are billed per technician seat on a recurring basis at the prices published on our website or set out in an order. Fees are charged in advance for each billing period through our payment processor.
- No minimum term and no multi-year auto-renewal. Subscriptions renew for successive periods of the same length until cancelled.
- Proration. Seat changes are prorated in both directions within a billing period.
- Cancellation. You may cancel at any time, effective at the end of the current billing period. Except where these Terms expressly say otherwise, fees already paid are non-refundable.
- Taxes. Fees exclude taxes. You are responsible for all sales, use, VAT, GST and similar taxes other than taxes on our net income.
- Non-payment. We may suspend the Service for accounts past due after reasonable notice.
- Price changes. We may change prices on at least thirty (30) days' notice, effective at your next renewal. If you do not accept a change, your remedy is to cancel before it takes effect.
7Trials and preview features
We may offer free trials and features designated as beta, preview or early access. These are provided "as is" and without any warranty, support commitment or service level, may be changed or withdrawn at any time, and are excluded from any availability undertaking. Do not rely on a preview feature for a production dependency.
8Customer data
"Customer Data" means data you or your users submit to the Service, and data the Service collects from devices you administer, including session records and device inventory. As between you and us, you own Customer Data.
You grant us a non-exclusive, worldwide licence to host, process and transmit Customer Data solely to provide, secure, support and improve the Service and as otherwise permitted by the Privacy Policy. Where we process personal data on your behalf, you are the controller and we act as processor on your documented instructions.
We maintain administrative, technical and organisational safeguards designed to protect Customer Data. No method of transmission or storage is completely secure, and we do not guarantee that the Service cannot be compromised.
You are responsible for maintaining your own backups of anything you would not want to lose. On termination we will delete or return Customer Data as described in the Privacy Policy.
9Confidentiality
Each party may receive non-public information of the other. The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel and advisers bound by comparable obligations. This does not apply to information that is public through no fault of the receiving party, independently developed, or lawfully received from a third party, and does not prevent disclosure required by law provided reasonable notice is given where lawful.
10Intellectual property
The Service, and all software, designs, trademarks and documentation comprising it, are and remain the exclusive property of Houston IT Developers and its licensors. Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription.
You must not copy, modify, translate, reverse engineer, decompile or disassemble the Service or any agent, except to the extent that restriction is prohibited by applicable law; remove or alter proprietary notices; or use the Service to build a competing product. Applying your own branding under a white-label plan does not transfer ownership of anything.
If you send us feedback or suggestions, we may use them without restriction or obligation to you.
11Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOUSTON IT DEVELOPERS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT ANY PARTICULAR DEVICE WILL BE REACHABLE OR CONTROLLABLE; OR THAT DEFECTS WILL BE CORRECTED. REMOTE ACCESS DEPENDS ON NETWORKS, OPERATING SYSTEM BEHAVIOUR, DEVICE STATE AND THIRD-PARTY SERVICES OUTSIDE OUR CONTROL.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
12Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE PAID NOTHING, OUR TOTAL LIABILITY IS ONE HUNDRED U.S. DOLLARS (US$100).
These limits do not apply to your payment obligations, to your obligations under sections 4, 5 and 13, or to liability that cannot be limited by law.
The parties agree these limitations are an essential basis of the bargain and apply even if a limited remedy fails of its essential purpose.
13Indemnification
You will defend, indemnify and hold harmless Houston IT Developers LLC and its members, officers, employees and agents from and against any third-party claim, demand, proceeding, loss, liability, damage, fine, penalty, cost or expense (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your access to any device without the authorisation, consent or notice required by law; (c) your breach of these Terms or the Acceptable Use Policy; (d) Customer Data, including any claim that it infringes or violates the rights of a third party; or (e) any claim by your own customers or by any individual whose device or data you accessed using the Service.
We will notify you of the claim, give you control of the defence (provided any settlement releasing us requires our prior written consent, not to be unreasonably withheld), and co-operate at your expense.
14Suspension and termination
You may terminate at any time by cancelling your subscription and ceasing use. We may terminate for convenience on thirty (30) days' notice, refunding prepaid unused fees.
We may suspend or terminate immediately and without notice where we reasonably believe you have breached section 4 or the Acceptable Use Policy, where your use presents a security or legal risk to any person or to the Service, where required by law, or for non-payment after notice. Termination for your breach does not entitle you to a refund.
On termination your right to use the Service ends, agents should be uninstalled from devices, and we will handle Customer Data as described in the Privacy Policy. Sections 8 through 13 and 16 through 19 survive.
15Third-party components
The Service incorporates third-party and open-source components and depends on third-party infrastructure, including hosting, network and payment providers. Those components are governed by their own licences. We are not responsible for third-party services, and their failure or change may affect the Service.
16Export, sanctions and anti-corruption
You represent that you are not located in, organised under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and that you are not identified on any U.S. restricted-party list. You will comply with all applicable export control, sanctions and anti-bribery laws, and will not make the Service available to any person in violation of them.
17Governing law and disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The parties submit to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas, and waive any objection to venue there. Each party waives any right to a jury trial and agrees that claims must be brought individually and not as a plaintiff or class member in any purported class or representative proceeding.
Before filing, the parties will attempt in good faith to resolve any dispute by negotiation for thirty (30) days after written notice. Either party may seek injunctive relief at any time to protect its intellectual property or confidential information.
Any claim must be brought within one (1) year after it arises, or it is permanently barred, except where applicable law forbids shortening that period.
18Changes to these terms
We may revise these Terms. Material changes take effect thirty (30) days after we post the revised Terms or notify you, whichever is earlier, except changes required by law or to address a security or legal risk, which may take effect immediately. Continued use after the effective date is acceptance. If you do not accept, cancel before the change takes effect.
19General
Entire agreement. These Terms, the Acceptable Use Policy and the Privacy Policy are the entire agreement and supersede prior discussions. Any conflicting terms in your purchase order are void.
Severability. If a provision is unenforceable, it is modified to the minimum extent necessary and the rest remains in effect.
No waiver. Failure to enforce a provision is not a waiver.
Assignment. You may not assign without our written consent, except to a successor of all or substantially all of your business. We may assign freely.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
Independent contractors. No partnership, joint venture, employment or agency is created.
Notices. To us: [email protected]. To you: the email on your account.
No third-party beneficiaries. These Terms create no rights in any third party.
20Contact
Houston IT Developers LLC
Houston, Texas, United States
[email protected]