Privacy Policy

Last updated 8 March 2021

Introduction

Desech Studio SRL ("we" or "us" or "our") respects the privacy of our users ("user" or "you"). This privacy policy explains how we collect, use, disclose, and safeguard your information when you visit our website desech.com and use our desktop application, including any other media form, media channel, mobile website, or mobile/desktop application related or connected thereto (collectively, the "site"). Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the site.

We reserve the right to make changes to this privacy policy at any time and for any reason. We will alert you about any changes by updating the "last updated" date of this privacy policy. Any changes or modifications will be effective immediately upon posting the updated privacy policy on the site, and you waive the right to receive specific notice of each such change or modification.

You are encouraged to periodically review this privacy policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised privacy policy by your continued use of the site after the date such revised privacy policy is posted.

Tracking technologies

Browser persistent storage (cookies)

In order to know that you are logged in, we need to use persistent storage on the browser, and a settings file for the desktop application. This data is only used for authenticating you on the website and/or desktop application. Creating an account with us confirms that you agree to the use of persistent storage technology in order for the authentication to work. You are free to prevent persistent storage in your browser, but you will have to login every time you visit our website.

Collection of your information

We may collect information about you in a variety of ways. The information we may collect on the site includes:

Personal data

Your email address. To create an account with us you will only need an email address.

Derivative data

Information our servers automatically collect when you access the site, such as your ip address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the site. This information is tied to your ip address, not to your email account if you are logged in.

When you launch the desktop application, the first thing we do is check our plugin repositories on github.com, to see if any updates are available and we auto-update the plugins if necessary. Accessing github.com from the desktop application, which is a script not a real browser, will only disclose your IP to github.com. Please consult Github's privacy policy and contact them if you have any questions.

Financial data

Financial information, such as data related to your payment method (e.g. valid credit card number, name, address, VAT ID) that we may collect when you purchase, order, return, exchange, or request information about our services from the site. We don’t store any financial information. All financial information is stored by our payment processor Stripe and you are encouraged to review their privacy policy and contact them directly for responses to your questions.

Third party login permissions

If you decide to link your Google, Apple or Facebook account with us, then we only access your email address once, with which we can create your user account, and no other information is requested. We also don’t store the access token with which one can access your Google, Apple or Facebook account information.

Use of your information

We may use information collected about you via the site to:

  • Create and manage your account.
  • Email you regarding your account or order.
  • Fulfill and manage purchases, orders, payments, and other transactions related to the site.
  • Respond to product and customer service requests.
  • Send you a newsletter if you are signed up for it.
  • Assist law enforcement and respond to subpoena.
  • Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.

Disclosure of your information

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

By law or to protect rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

Sale or bankruptcy

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this privacy policy.

We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

Security of your information

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

Options regarding your information

Account information

You may at any time review or change the information in your account or terminate your account by:

  • Logging into your account settings and updating your account
  • Contacting us using the contact information provided below

Upon your request to terminate your account, we will deactivate your account and information from our active databases. However, your information will be retained in our database for 90 more days to prevent fraud, troubleshoot problems, assist with any investigations, enforce our terms of use and/or comply with legal requirements. After 90 days your information will be deleted from our database.

Emails and communications

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:

  • Logging into your account settings and updating your preferences.
  • Contacting us using the contact information provided below

Terms of Services

Last updated 8 March 2021

Agreement to terms

These terms of service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Desech Studio SRL ("we," "us" or "our"), concerning your access to and use of the desech.com website, the use of Desech Studio (the application), as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "site").

You agree that by accessing the site, you have read, understood, and agree to be bound by all of these terms of service. If you do not agree with all of these terms of service, then you are expressly prohibited from using the site and you must discontinue use immediately.

Supplemental terms of service or documents that may be posted on the site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms of service at any time and for any reason.t

We will alert you about any changes by updating the "last updated" date of these terms of service, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these terms of service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms of service by your continued use of the site after the date such revised terms of service are posted.

The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Intellectual property rights

Unless otherwise indicated, the site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the "content") and the trademarks, service marks, and logos contained therein (the "marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws.

The content and the marks are provided on the site "as is" for your information and personal use only. Except as expressly provided in these terms of service, no part of the site and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the site, you are granted a limited license to access and use the site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the site, the content and the marks.

User representations

By using the site, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete.
  2. You will maintain the accuracy of such information and promptly update such registration information as necessary.
  3. You have the legal capacity and you agree to comply with these terms of service.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof).

User registration

You may be required to register with the site. You agree to keep your password confidential and will be responsible for all use of your account and password.

Prohibited activities

You may not access or use the site for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the site, you agree not to:

  1. Engage in unauthorized framing of or linking to the site.
  2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  3. Make improper use of our support services or submit false reports of abuse or misconduct.
  4. Interfere with, disrupt, or create an undue burden on the site or the networks or services connected to the site.
  5. Use any information obtained from the site in order to harass, abuse, or harm another person.
  6. Use the site as part of any effort to compete with us or otherwise use the site and/or the content for any revenue-generating endeavor or commercial enterprise.
  7. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the site.
  8. Attempt to bypass any measures of the site designed to prevent or restrict access to the site, or any portion of the site.
  9. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the site to you.
  10. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the site.
  11. Use the site in a manner inconsistent with any applicable laws or regulations.

Desktop application license

Use license

When using the desktop application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the desktop application strictly in accordance with the terms of service of this application license contained in these terms of service.

You shall not:

  1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application.
  2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
  3. Violate any applicable laws, rules, or regulations in connection with your access or use of the application.
  4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application.
  5. Use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
  6. Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.

The desktop application uses Google Fonts and Google Material Design svg icons. Please consult the license.txt file that comes with the application once it's installed, if you have any further questions.

Social media

As part of the functionality of the site, you may link your account with online accounts you have with third-party service providers (each such account, a "third-party account") by either: (1) providing your third-party account login information through the site; or (2) allowing us to access your third-party account, as is permitted under the applicable terms of service that govern your use of each third-party account.

You represent and warrant that you are entitled to disclose your third-party account login information to us and/or grant us access to your third-party account, without breach by you of any of the terms of service that govern your use of the applicable third-party account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the third-party account.

By granting us access to any third-party accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your third-party account (the "social network content") so that it is available on and through the site via your account and (2) we may submit to and receive from your third-party account additional information to the extent you are notified when you link your account with the third-party account.

Depending on the third-party accounts you choose and subject to the privacy settings that you have set in such third-party accounts, personally identifiable information that you post to your third-party accounts may be available on and through your account on the site.

Please note that if a third-party account or associated service becomes unavailable or our access to such third-party account is terminated by the third-party service provider, then social network content may no longer be available on and through the site. You will have the ability to disable the connection between your account on the site and your third-party accounts at any time.

Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.

Site management

We reserve the right, but not the obligation, to:

  1. Monitor the site for violations of these terms of service.
  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms of service, including without limitation, reporting such user to law enforcement authorities.
  3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof.
  4. In our sole discretion and without limitation, notice, or liability, to remove from the site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
  5. Otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site.

Term and termination

These terms of service shall remain in full force and effect while you use the site. Without limiting any other provision of these terms of service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of service or of any applicable law or regulation. We may terminate your use or participation in the site or delete [your account and] any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our site. We also reserve the right to modify or discontinue all or part of the site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site.

We cannot guarantee the site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the site during any downtime or discontinuance of the site. Nothing in these terms of service will be construed to obligate us to maintain and support the site or to supply any corrections, updates, or releases in connection therewith.

Governing law

These terms of service and your use of the site are governed by and construed in accordance with the laws of Romania applicable to agreements made without regard to its conflict of law principles.

Dispute resolution

Any legal action of whatever nature brought by either you or us (collectively, the "parties" and individually, a "party") shall be commenced or prosecuted in courts located in Iasi Romania, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

Corrections

There may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to the site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.

Disclaimer

The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitations of liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the site; (2) breach of these terms of service; (3) any breach of your representations and warranties set forth in these terms of service;

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User data

We will maintain certain data that you transmit to the site for the purpose of managing the site, as well as data relating to your use of the site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic communications, transactions, and signatures

Visiting the site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These terms of service and any policies or operating rules posted by us on the site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms of service shall not operate as a waiver of such right or provision.

These terms of service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these terms of service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms of service and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms of service or use of the site. You agree that these terms of service will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these terms of service and the lack of signing by the parties hereto to execute these terms of service.