PLEASE READ ON TO LEARN THE RULES AND RESTRICTIONS THAT GOVERN YOUR USE OF WORKSPOT, INC.’s (“WORKSPOT”) WEBSITE(S), PRODUCTS, SERVICES AND APPLICATIONS (THE “SERVICES”). THESE DIGITAL TERMS OF USE (“TERMS”) APPLY TO YOUR ACCESS TO AND USE OF THE SERVICES, WHICH INCLUDE THE WEBSITES LOCATED AT HTTPS://WWW.WORKSPOT.COM/, HTTPS://WWW.RUNGUIDE.AI, (OR ANY SUCCESSOR LINKS), ANY PRODUCTS MADE AVAILABLE THROUGH THE WEBSITES, ALL ASSOCIATED WEB PAGES, WEBSITES, AND SOCIAL MEDIA PAGES (THE “SITE”), AND ALL PROPRIETARY SOFTWARE PROGRAMS AND ONLINE OFFERINGS OF WORKSPOT (THE “WORKSPOT SOFTWARE”).
THE WORKSPOT SOFTWARE MAY ENABLE ACCESS TO WORKSPOT’S “VIRTUAL DESKTOP SERVICE” THROUGH WORKSPOT’S WEB-BASED APPLICATION KNOWN AS “WORKSPOT CONTROL.” THE WORKSPOT SOFTWARE COLLECTIVELY INCLUDES, BUT IS NOT LIMITED TO, WORKSPOT AGENT, WORKSPOT PLUG-INs, WORKSPOT EXTENSION AND WORKSPOT ENTERPRISE CONNECTOR SOFTWARE.
WORKSPOT VIRTUAL DESKTOP SERVICES ARE MADE AVAILABLE TO WORKSPOT ENTERPRISE CUSTOMERS (“CUSTOMERS”) AND THEIR AUTHORIZED END USERS (“ENTERPRISE USERS”) PURSUANT A WORKSPOT ENTERPRISE SUBSCRIPTION AGREEMENT, OR OTHER WRITTEN AGREEMENT, BETWEEN WORKSPOT AND SUCH SUBSCRIBERS (“ENTERPRISE AGREEMENT”). YOU ARE ONLY PERMITTED TO INSTALL AND USE WORKSPOT VIRTUAL DESKTOP SERVICES IF YOU ARE AN AUTHORIZED USER. YOUR ACCESS TO WORKSPOT VIRTUAL DESKTOP SERVICES IS SUBJECT TO THE TERMS OF THE ENTERPRISE AGREEMENT AND YOUR INSTALLATION AND USE OF WORKSPOT SOFTWARE IS GOVERNED BY THESE TERMS.
BY USING THE SERVICES YOU CONFIRM THAT YOU AGREE THAT YOUR USE OF THE SERVICES AND ANY WORKSPOT SOFTWARE IS GOVERNED BY THESE TERMS. IF YOU ARE NOT AN AUTHORIZED END USER OR YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, CLICK THE “CANCEL” BUTTON, WHICH WILL TERMINATE THE DOWNLOAD OR INSTALLATION PROCESS, OR OTHERWISE CEASE USING THE SERVICES.
- LICENSE.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Workspot’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Workspot owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
In the case of Enterprise Users, and subject to these Terms, Workspot grants you a non-exclusive, non‑sublicensable, revocable and non‑transferable license to download, install and use Workspot Software on an end user device (e.g. laptop, tablet, PC, mobile phone), solely for purposes of accessing and using Workspot Virtual Desktop Services (using a web browser or software solution compliant with Workspot Control) as an Enterprise User during the subscription term, and pursuant to the terms, provided for the Customer under an Enterprise Agreement. Your use of Workspot Client shall be for Customer’s internal business purposes only and compliant with applicable law and Workspot’s Acceptable Use Policy (see www.workspot.com/legal/aup).
- LIMITATIONS. You agree not to remove, disable, obscure or circumvent any proprietary notices incorporated in the Services, Content, or Workspot Software. You shall not copy Services, Content, or Workspot Software or any part thereof for any purpose. You agree not to assign or transfer these Terms or any rights granted hereunder to any other person. You agree not to sublicense, rent, lease, sell, distribute or otherwise transfer or make available Services, Content, or Workspot Software or any part thereof to another person. You shall not reverse assemble (or disassemble), reverse compile (decompile), or reverse engineer Workspot Software or otherwise attempt to discover any source code or other proprietary information relating to Workspot Software or the Virtual Desktop Services and you shall not modify or prepare any derivative works based on Services, Content, or Workspot Software or any part thereof, nor permit any third party to do so. You will also not knowingly transmit, use or store viruses or other harmful or malicious code through use of Services, Content, or Workspot Software or attempt to gain unauthorized access to, or disrupt or interfere with the integrity or performance of the Virtual Desktop Services. Your use of Services, Content, or Workspot Software may be subject to further limitations or restrictions as indicated in the usage guidelines provided at www.workspot.com/legal/usageguidelines. With respect to Authorized Users, you are not authorized, and you agree that you will not, use Workspot Software for any purpose other than accessing and using the Virtual Desktop Services as an Authorized User.
- OWNERSHIP. All right, title and interest in and to Services, Content, Workspot Software, Workspot Client, Workspot, Control and all other software and services underlying or constituting the Virtual Desktop Services, as well as all derivative works thereto and intellectual property rights therein, is the property of Workspot. No right, title or interest in or to any trademark or trade name of Workspot is granted under this Agreement. All rights not expressly granted are reserved by Workspot.
For purposes of these Terms, “Customer Data” shall mean any data, information, request, input, or other material provided, uploaded, or submitted by you to or through the Services. You shall retain all right, title and interest in and to the Customer Data, including all intellectual property rights therein. Customer represents and warrants that it has all rights necessary to provide the Customer Data to Workspot as contemplated hereunder, in each case without any infringement, violation or misappropriation of any third party rights (including, without limitation, intellectual property rights and rights of privacy).
You hereby grant to Workspot and its affiliates, successors and assigns a non-exclusive, perpetual, irrevocable, transferable, worldwide license to exercise, practice, make, use, reproduce, modify, create derivative works of and otherwise exploit the Customer Data, including all intellectual property rights of any sort related thereto, in connection with (i) providing, maintaining and improving the Services, and (ii) the development and commercialization of models, algorithms, tools and related artificial intelligence products, which development activities may include, without limitation, training artificial intelligence models.
- FREEWARE; THIRD PARTY SERVICES. Notwithstanding the terms and conditions of these Terms, all or any portion of the Workspot Software which constitutes non-proprietary Workspot software provided under public license by third parties (“Freeware”), is licensed to you subject to the terms and conditions of the software license agreement accompanying such Freeware, whether in the form of a discrete agreement or electronic license terms accepted at time of download. Use of Freeware by you shall be governed entirely by the terms of such license. The respective licenses for Freeware is available at www.workspot.com/legal/freeware.To the extent that terms of the Freeware require an offer to provide source code or related information, such offer is hereby made. Any request for such source code or related information should be directed to support@workspot.com. The Virtual Desktop Services enable access to third party services and web sites, use of which may require that you accept additional terms of service.
- ARTIFICIAL INTELLIGENCE. Certain features of the Services are powered by generative artificial intelligence (“AI Features”). You acknowledge and agree that: (a) the AI Features generate responses using artificial intelligence and machine learning technologies that may produce output that is inaccurate, incomplete, misleading, or inappropriate, regardless of how detailed or specific such output may appear; (b) output generated by the AI Features does not constitute professional advice of any kind—including, without limitation, legal, medical, financial, tax, or technical advice—and is provided for general informational purposes only; (c) you are solely responsible for evaluating the accuracy, completeness, and appropriateness of any AI Features output and must independently verify all output before relying upon or acting on it; (d) AI Features output does not represent the views, opinions, or endorsements of Workspot or any of its affiliates, officers, directors, employees, or agents; and (e) AI Features output may not be unique and substantially similar output may be generated for other users.
THE AI FEATURES AND ALL OUTPUT GENERATED THEREBY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR UNINTERRUPTED AVAILABILITY.
- NO WARRANTY; NO SUPPORT. Workspot does not provide you any warranty or support under these Terms with respect to the Services, Workspot Software or Virtual Desktop Services, subject to any warranty and support obligations of Workspot to Customer expressly set forth in the Enterprise Agreement. ALL USE OF SERVICES OR WORKSPOT SOFTWARE BY YOU IS AT YOUR SOLE RISK, SUBJECT TO ANY APPLICABLE TERMS OF THE ENTERPRISE AGREEMENT. THE SERVICES AND WORKSPOT SOFTWARE ARE LICENSED ON AN AS-IS BASIS WITH ALL FAULTS AND WORKSPOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU CONCERNING THE SERVICES, WORKSPOT SOFTWARE, THE VIRTUAL DESKTOP SERVICES, OR ANY OTHER PRODUCTS OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE, IN EACH CASE, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WORKSPOT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SERVICE OR WORKSPOT SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES, WORKSPOT SOFTWARE OR THE VIRTUAL DESKTOP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT WORKSPOT SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR SERVICES.
- LIMITATION OF LIABILITY. IN NO EVENT WILL WORKSPOT BE LIABLE TO YOU FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, WORKSPOT SOFTWARE OR THE VIRTUAL DESKTOP SERVICES , EVEN IF WORKSPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WORKSPOT’S LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100).
- TERM; TERMINATION. These Terms will terminate immediately without notice from Workspot if you fail to comply with any provision of these Terms. Upon termination of these Terms, you must cease all use the Services and Workspot Software and all access to the Virtual Desktop Services, and destroy all copies of Content, including Workspot Software, in your possession or under your control. Any terms and conditions of these Terms that by their nature extend beyond expiration or termination hereof, shall survive, including, without limitation, Sections 2, 3, 5-12 of these Terms.
- EXPORT REGULATIONS. You are not permitted to export, re-export or release, directly or indirectly, any software, documentation, technology or other technical data, or any products that include or use any of the foregoing, to any country, jurisdiction or Entity to which the export, re-export or release of such (a) is prohibited by applicable law or (b) without first completing all required undertakings (including obtaining any necessary export license or other governmental approval under law, including the US Export Administration Act and its associated regulations. For the purposes of this section “Entity” means an individual, corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organization, trust, association or other entity.
- SEVERABILITY; WAIVER. If any provision of these Terms is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to these Terms, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. No failure or delay in exercising any right hereunder shall constitute a waiver of such right.
- GOVERNING LAW/FORUM. These Terms and any claims related thereto shall be governed exclusively by the internal laws of the State of California, without regard to its conflicts of laws rules and all disputes hereunder shall be subject to the exclusive jurisdiction of the state or federal courts located in the State of California.
- CONSENT TO USE OF END USER ACTIVITY DATA. You agree that Workspot may collect and use End User Activity Data, and any technical information about the device on which the Services are accessed or Workspot Software is installed, that is gathered periodically to, among other things, facilitate the provision of the Services, including the Virtual Desktop Services, software updates, product support and other services, as well as, on an aggregated and de-identified form, to benefit, improve and enhance Workspot products, technology, operations, services and business activities. End User Activity Data refers to the elements of activity captured with regard to active End Users through Workspot Control by virtue of End User’s interaction with the Services, including the Virtual Desktop Services, including user name, user email address, user login, user location (if user opts in), user access of a resource, user errors with any access activity (such as account lock out or failure to connect to resources) and other measures of utilization and performance.
- ENTIRE AGREEMENT. These Terms represent the entire agreement between you and Workspot and supersedes all prior or contemporaneous agreements, proposals or representations, written, oral or otherwise, concerning its subject matter. Questions about these Terms may be directed to legal@workspot.com.
Download and use by You, Administrative Users or End Users to new releases of the Workspot Software or access to the Services will require assent to this Workspot Software End User License Agreement, except as otherwise provided under a written agreement between Workspot and the subscribing Customer. Note that Administrative User and End User access to Workspot’s Virtual Desktop Service may require installation of such new releases.
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