1. Agreement
These Terms of Use are a contract between you and Aigentro Corporation for the Desk 90 app and website. By creating an account, or by continuing to use Desk 90 after you can read these Terms, you agree to them and to the Privacy Policy. If you do not agree, do not use Desk 90.
2. The service
Desk 90 times a 90-second desk reset and lets you record a rough weekly desk score on your phone. The score is a habit aid for people who sit at a desk. It is not medical care, physical therapy, or a diagnosis.
Sign in with your email before using the desk. The timer and the on-device score then work on the phone, and your records can sync when you are online.
3. Not a medical device
Desk 90 is not a medical device and is not a substitute for professional medical advice, diagnosis, or treatment. The letter grade is a rough desk score, not a diagnosis. Do not use it to decide whether you have an injury or an illness.
If you have pain, numbness, dizziness, chest pain, or any health concern, stop and seek advice from a qualified clinician. You decide whether a movement is safe for you. Do not do a movement that hurts. Aigentro is not your clinician and does not monitor you in real time.
4. Who may use Desk 90
You must be at least 16 years old. You may not use Desk 90 if the law where you live prohibits it, or if we have suspended access for a material breach of these Terms. The licence is for your personal, non-commercial use.
5. Accounts
You must use an email address you control. You are responsible for activity under that account. Keep the email code to yourself. We may close an account that is used to break these Terms or to interfere with the service.
6. Licence
We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use Desk 90 on devices you own or control, subject to these Terms and the store rules that apply to your download.
We reserve all rights we do not expressly grant. You may not copy the app for others, sell it, rent it, or reverse engineer it, except where the law does not allow us to prohibit that. You may not misuse the API, probe it, or attempt to access another person's account.
7. Acceptable use
You agree not to:
- Use Desk 90 in a way that breaks the law or infringes someone else's rights.
- Misrepresent Desk 90 as a medical device, or as clinical advice from Aigentro.
- Submit a deletion or support request for an account that is not yours.
- Overload, scrape, or resell the service, or bypass a security control.
- Upload unlawful content to support, or use the service to harm someone else.
8. Your records
You keep ownership of the reset and grade records you create. If you create an account, you give us a limited licence to host and display those records only so we can provide sync, export, and deletion.
Photos used for a score are not part of that licence, because the app does not send them to us. A grade card the app makes for you may include our name and the line "Rough desk score, not a diagnosis." Leave that line on the card if you share it.
9. Payments
This version of Desk 90 is free. We do not sell a subscription or any other digital feature, and we do not ask you to pay Aigentro, Apple, Google, or anyone else for Desk 90. There is no renewal and nothing to refund.
If we later offer an optional paid plan, we will update these Terms before any charge, show the price before you confirm, and bill only through the Apple App Store or Google Play. We will not require an outside website checkout for a digital feature of the iOS or Android app.
10. Intellectual property
Desk 90, the name, the logo, and the text and design we supply (other than your records) belong to Aigentro or its licensors. These Terms do not transfer any ownership to you.
11. Store terms
If you downloaded Desk 90 from Apple, section 17 also applies, and Apple's media-services terms apply to the download. If you downloaded it from Google Play, Google's Play terms also apply to the download. The store is not a party to these Terms except where its own rules say it is.
12. Disclaimers
Desk 90 is provided "as is" and "as available". To the extent the law allows, we disclaim warranties of merchantability, fitness for a particular purpose, accuracy of any desk score, and non-infringement. We do not warrant that the timer, the score, or sync will be uninterrupted or error-free.
Some places do not allow these disclaimers. There, they apply only as far as the law allows, and you keep every right that cannot be waived, including consumer guarantees under the Australian Consumer Law where they apply.
13. Limitation of liability
To the extent the law allows, Aigentro and its directors, employees, and suppliers are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising out of Desk 90 or these Terms.
Our total liability for claims relating to Desk 90 is limited to the greater of the amount you paid us for Desk 90 in the three months before the claim, or fifty US dollars (USD 50). This version is free, so that cap will usually be USD 50.
These limits do not apply to liability the law does not allow us to limit, including liability for death or personal injury caused by negligence where a limit is forbidden, or for fraud or fraudulent misrepresentation.
14. Indemnity
If you misuse Desk 90, break these Terms, or violate someone else's rights, you will cover Aigentro's reasonable losses and legal costs from the resulting third-party claim, except to the extent we caused the claim by our own breach or negligence. If you are a consumer in the EEA, the UK, or Australia, this applies only as far as your local law allows.
15. Ending use, and changes
You may stop using Desk 90 at any time and you may delete your account as described in the Privacy Policy. We may suspend access if you materially break these Terms, or stop offering Desk 90. If we discontinue the service, we will give notice in the app where we reasonably can.
We may update these Terms. We will change the date at the top and post the new terms in the app and on the website. If a change is material, we will give notice in the app before it takes effect where that is reasonable. If you do not agree, stop using Desk 90 and delete your account. Continuing after the effective date means you accept the update.
The privacy, disclaimer, liability, Apple, and governing-law sections survive after the Terms end, along with any other section that by its nature should survive.
16. Governing law and disputes
These Terms are governed by the laws that apply to Aigentro Corporation, without regard to conflict-of-law rules. If you are a consumer, you keep the mandatory protections of the country where you live, including any right to bring a claim in your local courts. Nothing here requires you to waive a right your local law does not let you waive.
Before you file a claim, email products.support@aigentro.com and give us a reasonable chance to resolve it. This request does not limit a right that must remain available to you, including the right to complain to a regulator or to seek urgent injunctive relief.
17. Apple App Store terms
If you obtained Desk 90 from the Apple App Store, you and Aigentro agree to the following, which Apple requires when a developer uses its own terms:
These Terms are between you and Aigentro only, not Apple. Aigentro, not Apple, is solely responsible for Desk 90 and its content. The licence is limited, non-transferable, and only for use of Desk 90 on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms.
Apple has no obligation to provide maintenance or support for Desk 90. If Desk 90 fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price of the app if there is one. To the maximum extent permitted by law, Apple has no other warranty obligation for the app. Any other claim, loss, liability, damage, or failure is Aigentro's responsibility, not Apple's. This version has no purchase price.
Aigentro, not Apple, is responsible for product claims relating to Desk 90, including product-liability claims, claims that the app fails to meet a legal or regulatory requirement, and consumer-protection claims. Aigentro, not Apple, is responsible for the investigation, defence, settlement, and discharge of any intellectual-property claim that Desk 90 infringes a third party's right.
You represent that you are not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.
You must comply with third-party terms that apply when you use Desk 90, including your wireless-data agreement. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple has the right to enforce them against you.
Questions and claims about Desk 90: products.support@aigentro.com. Aigentro Corporation. https://products.aigentro.com/
18. Google Play
If you obtained Desk 90 from Google Play, Google is not responsible for support or maintenance of Desk 90. This version does not place a charge through Google Play. If a future version does, Google's refund and subscription rules will apply to that charge, and you will cancel in Google Play's subscription settings.
19. Other terms
If a court holds part of these Terms unenforceable, the rest stays in effect. A failure to enforce a term is not a waiver. These Terms and the Privacy Policy are the entire agreement between you and Aigentro about Desk 90. They do not create a partnership, joint venture, or agency. You may not assign these Terms. We may assign them to a successor of the Desk 90 business, and we will tell you if that happens.
Aigentro Corporation · products.support@aigentro.com · https://products.aigentro.com/