ErtiDesk End User License Agreement

This End User License Agreement (“EULA”) is an agreement between you and Erti Cloud, an individual entrepreneur registered in Georgia (“Erti Cloud”, “we”, “us”), for the ErtiDesk applications for macOS, Windows, Linux and iOS (the “Software”), the signaling service we operate for them (the “Service”) and the website ertidesk.com (the “Website”).

By installing or using the Software or the Service, you accept this EULA. If you do not agree, please do not install or use them. How ErtiDesk handles personal data is described in the Privacy Policy.

You must be able to enter into a binding contract under the law that applies to you. If you are under the age of majority in your country, you may use ErtiDesk only with the consent and under the supervision of a parent or legal guardian, who accepts this EULA on your behalf.

If you use ErtiDesk on behalf of a company or another organisation, you confirm that you are authorised to accept this EULA for it, and “you” then also means that organisation.

We grant you a non-exclusive, non-transferable and revocable licence to install and use the Software on devices that you own or control, for personal use or for the internal purposes of your organisation.

The Software is licensed, not sold. We and our licensors keep all rights not expressly granted. Open-source components included in the Software are provided under their own licences; nothing in this EULA limits your rights under those licences.

You must not:

• use the Software to access or control a computer without the authorisation of its owner, or in any other way prohibited by the rules on acceptable use in this EULA;
• circumvent or disable the pairing, authentication, encryption or permission controls of the Software;
• copy, modify, decompile or reverse engineer the Software, except where the law expressly allows this despite this restriction;
• sell, rent, lease or sublicense the Software, or offer it to others as a hosted service;
• use the Software to control systems where a failure could lead to death, personal injury or serious damage to property or the environment, such as medical, industrial-control or emergency systems.

ErtiDesk gives a paired device the ability to see the screen, use the keyboard and mouse, run terminal commands, open applications and read, change or delete files on the host computer, within the permissions you grant. Actions taken through a paired device have the same effect as actions taken directly on the computer.

You are responsible for:

• pairing only devices you trust, and comparing the six-digit code on both devices before you approve a pairing;
• granting each device only the permissions and file locations it needs, and revoking devices that are lost or no longer used;
• keeping your devices, operating systems and the Software up to date and protecting them with a passcode or password;
• all actions performed through sessions on computers you control, and obtaining any consent required from other users of those computers;
• complying with the laws that apply to remote access, monitoring and data protection where you use the Software.

ErtiDesk gives the paired device control of a computer. You may install ErtiDesk on a computer and pair devices with it only if you own that computer or have the clear permission of its owner and, where required, of its users. In particular, you must not:

• access or control a computer without authorisation, or exceed the access you were given;
• install ErtiDesk secretly, hide it from the people who use a computer, or use it to monitor someone without their knowledge or without a legal basis — for example to stalk a partner or to monitor employees in breach of employment and privacy laws;
• use ErtiDesk to obtain passwords, financial data or other information you are not entitled to;
• use ErtiDesk for fraud, including “technical support” scams or persuading others to grant you access under false pretences.

You must not use our products or services to:

• break any law or regulation, or infringe the rights of others, including intellectual property and privacy rights;
• distribute malware or carry out attacks such as unauthorised scanning, intrusion or denial of service;
• store, transfer or share illegal content, including content that sexually exploits children;
• harass, threaten or harm other people;
• violate export control or sanctions laws that apply to you or to us.

The Service runs on servers that we operate. You must not:

• overload or disrupt them, send automated traffic beyond normal use of the app, or try to bypass rate limits;
• try to gain unauthorised access to them, impersonate another device or tamper with messages;
• use them for purposes other than the operation of our products, for example as a general-purpose relay;
• probe, scan or test their vulnerability, except as described in the section on reporting vulnerabilities below.

If you find a security vulnerability, please report it to legal@erticloud.com and give us reasonable time to fix it before disclosing it publicly. Do not access or modify other people’s data, and do not degrade our services while testing. We will not take legal action against good-faith research that follows these rules.

If we reasonably believe that this EULA has been breached, we may take proportionate measures, such as blocking a device identifier or IP address on our servers, or suspending access to the Service. Where reasonable, we will warn the user first. We may cooperate with law enforcement and disclose information where the law requires it.

Because ErtiDesk is designed so that we cannot see the content of your sessions, we cannot monitor how it is used. Responsibility for lawful use lies with the user.

No software is free of vulnerabilities, and the security of a connection also depends on your devices, operating systems and how you use them. We describe how ErtiDesk is designed to protect you, but we do not promise that the Software is free of vulnerabilities, that it makes you anonymous or that it is immune to every attack.

File operations in a remote session can change or delete data. Deleted items are moved to the system Trash where the operating system supports it, but files you overwrite may not be recoverable. Keep backups of important data.

To connect devices over the internet, the Software uses a signaling server. By default, it uses the Service operated by us at erticloud.online. The Service forwards encrypted connection messages between your devices; it cannot read them. You can configure the Software to use a server you operate yourself, in which case the Service is not used.

The Service is currently provided free of charge, “as available” and without any guaranteed availability, capacity or support. We may change, limit, suspend or discontinue it, for example for maintenance, security, abuse prevention or because of operating costs. Where reasonable, we will announce material changes in advance.

To protect the Service and its users, we may apply rate limits and block device identifiers or IP addresses involved in abuse, as described in the section on enforcement above.

The Software relies on operating-system features and third-party services, for example Apple’s speech recognition for dictation on iPhone, the optional download of a speech model from Hugging Face, network address discovery (STUN) servers, and Microsoft WebView2 on Windows. Their terms and privacy policies apply. The ErtiDesk Privacy Policy explains which data they receive.

We may provide updates that fix errors, improve security or change features. Some updates may be necessary to keep connecting with other devices. Where the law requires it, we will provide updates needed to keep the Software in conformity.

The Software and the Service are currently free of charge. If we introduce paid features, we will offer them under separate terms, and you will not be charged without your explicit agreement.

The Software, the Service, the Website and their content — including software, designs, texts, graphics, logos and the names “ErtiDesk” and “Erti Cloud” — belong to us or to our licensors and are protected by intellectual property laws. We grant you only the rights expressly described in this EULA.

The Software contains encryption. You must comply with the export control and sanctions laws that apply to you when you use, transfer or take it to another country.

To the extent permitted by law, the Software and the Service are provided “as is” and “as available”, without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, we do not warrant that connections will always be possible, that the Software will be uninterrupted or error-free, or that it will be secure against every attack.

If you are a consumer, your statutory rights, including rights relating to the conformity of digital content and digital services, are not affected.

Nothing in this EULA excludes or limits liability that cannot be excluded or limited under applicable law, including liability for intent, gross negligence, fraud, or death or personal injury caused by negligence.

Subject to the previous paragraph and to the extent permitted by law:

• we are not liable for indirect or consequential loss, or for loss of profits, revenue, business opportunities or goodwill;
• we are not liable for loss or corruption of data that you could have prevented by keeping reasonable backups, or for loss caused by your devices, your network or third-party services;
• we are not liable for loss or damage caused by actions performed through devices you paired or permissions you granted, by unauthorised access resulting from the loss or compromise of your devices, or by the unavailability of the Service;
• our total liability arising out of or in connection with the Software and the Service is limited to the greater of the amount you paid for the Software in the twelve months before the event giving rise to the claim, and 50 US dollars (or its equivalent in your currency).

If you use the Software for business purposes and a third party brings a claim against us because you breached this EULA or the law, you agree to compensate us for the resulting losses and reasonable costs, to the extent permitted by law. This section does not apply to consumers.

You may end this EULA at any time by uninstalling the Software from all your devices. This EULA ends automatically if you seriously breach it; in that case you must stop using the Software. We may also suspend your use of the Service as described above. Sections that by their nature should survive remain in force.

If you got ErtiDesk from the Apple App Store:

• this EULA is concluded between you and us, not with Apple Inc. (“Apple”); we, not Apple, are solely responsible for the Software and its content;
• your licence to the iPhone app is limited to using it on Apple-branded products that you own or control, as permitted by the Usage Rules of the App Store Terms of Service, except that family members may use it through Family Sharing;
• Apple has no obligation to provide maintenance or support for the Software;
• if the Software fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation regarding the Software;
• we, not Apple, are responsible for addressing any claims relating to the Software, including product liability claims, claims that it fails to conform to legal or regulatory requirements, and consumer protection or privacy claims;
• if a third party claims that the Software or your use of it infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending, settling and discharging the claim;
• you confirm that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting”, and that you are not on any U.S. Government list of prohibited or restricted parties;
• you must comply with the terms of third-party services, such as your network provider, when using the Software;
• Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.

We may update this EULA, for example when we add features or when the law changes. Each version has a version number and an effective date, and earlier versions are listed in the version history below.

If a change is material, we will announce it on the Website and, where possible, in the Software at least 30 days before it takes effect. If you do not agree with a change, you may stop using the Software before it takes effect; continuing to use it afterwards means that you accept the updated EULA.

This EULA is governed by the law of Georgia. If you are a consumer, this choice of law does not deprive you of the protection given to you by the mandatory provisions of the law of the country where you habitually live.

If you have a complaint, please write to legal@erticloud.com first; we will try to resolve it within 30 days. If we cannot, disputes will be decided by the competent courts of Georgia in Tbilisi. If you are a consumer, you may also bring proceedings in the courts of the country where you live, if its law gives you that right.

If any part of this EULA is found invalid or unenforceable, the rest remains in force, and the invalid part is replaced by a valid provision that comes as close as possible to its purpose.

If we do not enforce a right immediately, we do not waive it. You may not transfer your rights under this EULA without our consent. We may transfer our rights and obligations to a successor of our business, provided this does not reduce your rights.

We are not responsible for delays or failures caused by events beyond our reasonable control.

This EULA is the entire agreement between you and us regarding the Software and the Service and replaces any earlier agreement on the same subject.

This EULA is written in English and translated into other languages for convenience. If a translation differs from the English version, the English version applies, unless the mandatory law of your country requires otherwise.

Questions, complaints or claims about ErtiDesk and this EULA: support@erticloud.com. Legal notices and security reports: legal@erticloud.com.