1. Definitions

The following terms are used throughout these Terms of Service:

• - "SeerDesk" or "We" refers to Seer SAS, a company registered in France, with offices at 3 Rue du Pre du Bois, 35000 Rennes, France.
• - "Service" refers to the SeerDesk remote desktop platform, including all software components (desktop client, streaming engine, CLI tools, auto-updater), cloud infrastructure, and related services.
• - "Customer" or "You" refers to the organization or entity that has entered into an agreement with SeerDesk to use the Service.
• - "User" refers to any individual who accesses the Service through an account provisioned by a Customer.
• - "Hardware" refers to physical equipment provided by Seer SAS for purchase or rental as part of the Service.
• - "Content" refers to any data, files, or information transmitted through or stored by the Service.

2. Service Description

SeerDesk is a business-to-business remote desktop platform designed for professional use. The Service enables low-latency, encrypted remote access to desktop machines through peer-to-peer streaming technology. SeerDesk is available in three deployment models:

3. Account Terms

Access to SeerDesk is invitation-based and managed by your organization's administrators. By using the Service, you agree to the following:

• - Accounts are created through an invitation system managed by authorized administrators within your organization. Self-registration is not available.
• - You must provide accurate information during account setup, including a valid email address.
• - You are responsible for maintaining the confidentiality of your account credentials. Passwords are securely hashed and are never accessible to Seer SAS staff.
• - Authentication sessions expire after 24 hours. You must re-authenticate after session expiry.
• - Access permissions are governed by role-based access control (RBAC) with 7 defined roles and 7 permission types, as configured by your organization's administrators.
• - You must notify your organization's administrator immediately if you suspect unauthorized access to your account.
• - Seer SAS reserves the right to suspend accounts that violate these terms or pose a security risk to the platform.

4. Acceptable Use

You agree to use the Service only for lawful business purposes and in compliance with all applicable laws and regulations. The following activities are strictly prohibited:

• - Using the Service for any illegal activity or to transmit illegal content
• - Attempting to gain unauthorized access to other accounts, machines, or systems connected to the Service
• - Reverse engineering, decompiling, or disassembling any part of the SeerDesk software
• - Interfering with or disrupting the Service, including through denial-of-service attacks or excessive API usage beyond the rate limit of 200 requests per minute per IP address
• - Sharing account credentials or allowing unauthorized individuals to access the Service through your account
• - Using the Service to transmit malware, viruses, or other harmful code
• - Reselling, sublicensing, or redistributing the Service or any part thereof without prior written consent from SeerDesk

5. Intellectual Property

All intellectual property rights in the Service are owned by Seer SAS or its licensors. Your use of the Service does not grant you any ownership rights.

• - The SeerDesk software, including the desktop client (Electron), streaming engine (C++), CLI tool, and auto-updater, is proprietary software owned by Seer SAS.
• - You are granted a limited, non-exclusive, non-transferable license to use the Service for the duration of your subscription.
• - The SeerDesk name, logo, and branding are trademarks of Seer SAS. You may not use them without prior written consent.
• - Any data or content you transmit through the Service remains your property. SeerDesk does not claim ownership over Customer content.
• - Feedback or suggestions you provide about the Service may be used by Seer SAS without obligation or compensation.

6. Payment Terms

SeerDesk operates on a per-user pricing model with monthly or annual billing cycles. Payment terms are governed by your organization's service agreement.

• - Pricing is calculated on a per-user, per-month or per-user, per-year basis, depending on the selected billing cycle.
• - Invoices are issued at the beginning of each billing period and are due within 30 days of the invoice date.
• - All prices are quoted in euros and are exclusive of applicable taxes unless otherwise stated.
• - Seer SAS reserves the right to adjust pricing with at least 60 days' written notice before the next billing cycle.
• - Late payments may incur interest at the rate permitted by French law (Code de commerce, Article L441-10).
• - In the event of non-payment, SeerDesk may suspend access to the Service after providing 15 days' written notice.

7. Hardware Terms

SeerDesk offers official hardware for purchase or rental to ensure optimal performance and compatibility with the Service.

• - Hardware purchases transfer ownership to the Customer upon full payment. Hardware is covered by the manufacturer's warranty.
• - Rental hardware remains the property of SeerDesk. The Customer is responsible for maintaining the hardware in good working condition during the rental period.
• - Rental hardware must be returned in reasonable condition upon termination of the rental agreement. Damage beyond normal wear and tear may result in repair or replacement charges.
• - SeerDesk provides pre-configured hardware optimized for the Service. Modifying the hardware configuration may void support coverage.
• - Hardware delivery timelines are estimates and may vary. Seer SAS is not liable for delays caused by third-party logistics providers.

8. Service Availability

SeerDesk strives to provide reliable and continuous access to the Service, but does not guarantee uninterrupted availability.

• - The Service is provided on an "as is" and "as available" basis. SeerDesk does not offer formal Service Level Agreements (SLAs) unless explicitly agreed upon in a separate written agreement.
• - Planned maintenance windows will be communicated in advance whenever possible. SeerDesk aims to minimize disruption during maintenance.
• - Seer SAS is not liable for service interruptions caused by factors beyond its reasonable control, including network outages, hardware failures, force majeure events, or third-party service disruptions.
• - For self-hosted and air-gapped deployments, service availability depends on the Customer's own infrastructure and is the Customer's responsibility.
• - SeerDesk monitors its cloud infrastructure continuously and will make commercially reasonable efforts to restore service promptly in the event of an outage.

9. Software Updates

SeerDesk software includes an automatic update mechanism to ensure security and compatibility. By using the Service, you acknowledge and agree to the following:

• - The SeerDesk client software may automatically check for and download updates from Seer SAS servers.
• - Updates are verified using SHA-256 cryptographic checksums to ensure integrity and authenticity.
• - Updates are applied atomically to prevent partial installations. Previous versions are retained to allow rollback if needed.
• - For air-gapped deployments, updates must be applied manually. Seer SAS will provide update packages and instructions.
• - SeerDesk may release updates that change functionality, fix bugs, or address security vulnerabilities. Continued use of the Service constitutes acceptance of such updates.
• - Failure to install security updates may result in reduced support coverage.

10. Limitation of Liability

To the maximum extent permitted by applicable law, SeerDesk's liability is limited as follows:

• - Seer SAS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
• - SeerDesk's total aggregate liability under these terms shall not exceed the total amount paid by the Customer to SeerDesk in the twelve (12) months preceding the event giving rise to the claim.
• - Seer SAS is not liable for damages arising from the Customer's failure to maintain adequate security measures, including but not limited to credential management and network security.
• - Seer SAS is not liable for the content transmitted through the Service by Customers or Users.
• - These limitations apply regardless of the legal theory on which the claim is based, whether in contract, tort, strict liability, or otherwise.

11. Indemnification

You agree to indemnify, defend, and hold harmless SeerDesk, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any applicable law or regulation.

12. Termination

Either party may terminate the service agreement in accordance with the terms of the applicable subscription or contract. Upon termination:

• - Seer SAS will provide a reasonable period (minimum 30 days) for the Customer to export their data from the platform.
• - After the data export period, Seer SAS will permanently delete all Customer data from its systems, including backups, within 90 days.
• - The Customer must cease all use of the SeerDesk software and uninstall all client applications.
• - Rental hardware must be returned to SeerDesk within 30 days of termination.
• - SeerDesk may terminate or suspend access immediately if the Customer materially breaches these terms, including non-payment or violation of the acceptable use policy.
• - Provisions relating to intellectual property, limitation of liability, indemnification, and governing law survive termination.

13. Governing Law & Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the French Republic. Any disputes arising out of or relating to these terms or the Service shall be submitted to the exclusive jurisdiction of the courts of Rennes, France. The parties agree to attempt good-faith negotiation and, if necessary, mediation before initiating any legal proceedings.

14. Modifications to These Terms

Seer SAS reserves the right to modify these Terms of Service at any time. We will notify Customers of material changes at least 30 days before they take effect by sending a notice to the email address associated with the Customer's account. Continued use of the Service after the effective date of any changes constitutes acceptance of the modified terms. If you do not agree with the modified terms, you may terminate your subscription before the changes take effect.

15. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these terms shall remain in full force and effect.

16. Contact

If you have any questions about these Terms of Service, please contact us:

Email: contact@seerdesk.com

Address: 3 Rue du Pre du Bois, 35000 Rennes, France