Terms of Service

These Terms of Service (“Terms”) govern your access to and use of NimbleDesk, including the NimbleDesk mobile applications, Windows desktop application, websites, accounts, relay services, and related software, features, and services (collectively, the “Service”).

The Service is provided by Gudka Ventures LLC, doing business as NimbleDesk(“NimbleDesk,” “we,” “us,” or “our”).

By creating an account, downloading or installing NimbleDesk software, accessing or using the Service, or otherwise indicating your acceptance of these Terms, you agree to be bound by these Terms. If you do not agree, do not use the Service.

NimbleDesk is a remote desktop service that enables users to view and interact with compatible computers from supported client devices.

Depending on the devices, network conditions, account tier, and features available to you, the Service may include:

• remote desktop video and audio streaming
• keyboard, mouse, game controller, and touch-based remote input
• customizable touch layouts, buttons, joysticks, button pads, shortcuts, and macros
• access to physical displays connected to a remote computer
• virtual display functionality that may allow a supported device to be used as an additional monitor
• invitations and connections between users for authorized access to another user’s computer
• direct peer-to-peer connections
• relayed connections when a direct connection cannot be established
• free, trial, paid, or premium features and service tiers
• other related features we may add, change, or remove over time

Certain features may require compatible hardware, software, operating systems, network configurations, permissions, or third-party components.

You may use NimbleDesk only if you are legally capable of entering into a binding agreement and are not prohibited from using the Service under applicable law.

If you use NimbleDesk on behalf of a business, organization, or other entity, you represent that you have authority to bind that entity to these Terms.

Some or all NimbleDesk features may require an account.

You agree to provide accurate information when creating or maintaining your account and to keep your account information reasonably current.

You are responsible for:

• maintaining the confidentiality and security of your account credentials
• securing devices on which your NimbleDesk account is signed in
• activity performed through your account, except to the extent caused by NimbleDesk’s own breach of these Terms or applicable law
• notifying us promptly if you believe your account, credentials, or devices have been compromised

You may not sell, transfer, rent, or knowingly provide another person with access to your NimbleDesk account in a manner that circumvents account, subscription, or security restrictions.

NimbleDesk may be used only to access or control computers and devices that you are authorized to access.

You may use the Service to access:

• a computer or device that you own or control
• a computer or device whose owner or authorized operator has given you permission to access
• a computer or device made available to you through a valid NimbleDesk invitation or other authorization mechanism

You may not use NimbleDesk to access, attempt to access, monitor, control, interfere with, or obtain information from a computer, account, network, or device without authorization.

The fact that a device is technically reachable through the Service does not by itself constitute authorization to access it.

NimbleDesk may allow a user operating or controlling a host computer (the “Host”) to invite another user to view or control that computer.

The Host is responsible for:

• deciding whom to invite or authorize
• selecting the permissions granted to each invited user
• understanding that remote-control permissions may allow another user to perform real actions on the Host computer
• revoking access when it is no longer appropriate
• securing the Host computer and the data available through it

An invited user may exercise only the permissions granted by the Host and must stop accessing the Host computer when authorization is revoked or expires.

NimbleDesk is not responsible for actions voluntarily authorized by a Host, including actions performed by another user after the Host grants that user access, except to the extent responsibility cannot legally be excluded.

NimbleDesk may transmit keyboard, mouse, controller, touch, shortcut, macro, or other input to a remote computer.

Remote input can perform the same or similar actions as input entered directly on the remote computer. This may include opening or closing applications, sending messages, making purchases, changing settings, moving or deleting files, executing commands, interacting with games or software, or performing other actions.

You are responsible for reviewing and safely configuring any custom layouts, macros, shortcuts, or automated input that you create or use.

You may not use NimbleDesk input or macro functionality to perform unlawful activity, bypass access controls, compromise systems, deceive others, distribute malware, or otherwise violate these Terms.

NimbleDesk facilitates access to remote computers. NimbleDesk does not control and is not responsible for the applications, files, websites, games, communications, media, or other content that may be displayed, accessed, created, transmitted, modified, or deleted through a remote computer.

You are responsible for ensuring that your access to and use of any third-party content, software, service, account, or data complies with applicable law and any applicable third-party terms.

Your use of NimbleDesk does not grant you any additional rights to content, software, accounts, or services available on a remote computer.

NimbleDesk may attempt to establish direct peer-to-peer connections between participating devices. A direct connection may not be possible in every environment.

When a direct connection cannot be established, NimbleDesk may use relay infrastructure to transmit traffic between devices, subject to availability, account limits, usage allowances, and technical conditions.

Connection method and performance may depend on factors outside NimbleDesk’s control, including:

• internet service providers
• local networks
• routers and NAT configurations
• firewalls
• VPNs
• cellular networks
• geographic distance
• network congestion
• operating system restrictions
• third-party infrastructure

We do not guarantee that a direct peer-to-peer connection or relayed connection will be available for any particular session.

NimbleDesk is designed for responsive, high-quality remote access, but actual performance varies.

References to features or capabilities such as low latency, particular resolutions, particular frame rates, high-quality streaming, hardware acceleration, or gaming suitability describe supported or intended capabilities under appropriate conditions and are not guarantees that every user, device, network, or session will achieve those results.

Actual latency, resolution, frame rate, image quality, audio quality, responsiveness, and reliability may depend on factors including:

• the Host computer and its hardware
• the client device
• graphics and video encoding or decoding capabilities
• operating system and driver configuration
• network bandwidth, latency, jitter, congestion, and packet loss
• whether traffic is direct or relayed
• the application or game being used
• other conditions outside NimbleDesk’s control

Quality modes and related settings may trade image quality, smoothness, bandwidth use, or latency against one another.

NimbleDesk does not guarantee compatibility with every computer, device, operating system version, graphics driver, controller, peripheral, application, game, security product, anti-cheat system, VPN, network, or other third-party product.

Some NimbleDesk features, including virtual display functionality, may install, depend on, or interact with drivers, virtual devices, system services, or operating-system components.

Updates to NimbleDesk, Windows, iOS, iPadOS, device firmware, drivers, games, anti-cheat software, or other third-party products may affect compatibility or functionality.

You are responsible for complying with the terms, rules, and policies of third-party software and services you access using NimbleDesk. We do not represent that use of NimbleDesk is permitted by every third-party application, game, service, or platform.

NimbleDesk is not a backup service.

You are responsible for maintaining appropriate backups of files, applications, settings, and other data stored on computers you access through NimbleDesk.

Remote access and remote input may allow data to be changed or deleted. To the maximum extent permitted by law, NimbleDesk is not responsible for loss or corruption of data resulting from actions performed by you or by another person whom you authorized to access a computer.

NimbleDesk may offer free features, trials, paid features, subscriptions, usage allowances, relay allowances, or other service tiers.

The features, limits, prices, durations, and allowances applicable to a particular plan will be disclosed through NimbleDesk, the applicable app store, or our website.

We may change free-tier features, service limits, relay allowances, or other non-prepaid offerings from time to time. Changes will apply prospectively and will not take away a paid entitlement for a period for which you have already paid, except where reasonably necessary for security, legal compliance, abuse prevention, or continued operation of the Service.

If NimbleDesk provides a free or promotional trial, the trial duration and included features will be disclosed when the trial is offered. Unless explicitly disclosed otherwise, receiving access to a free trial does not by itself authorize NimbleDesk to begin charging you; a paid subscription requires a separate purchase or subscription authorization.

Certain NimbleDesk features may require a paid subscription or other purchase.

If you purchase a subscription through Apple’s App Store or another third-party marketplace, billing, renewal, cancellation, and refunds may be handled by that marketplace and are also subject to its terms.

Where a subscription automatically renews, the applicable purchase interface will disclose the subscription period, price, and renewal terms before purchase.

You are responsible for managing or cancelling marketplace subscriptions through the applicable marketplace account or subscription-management tools.

Except where required by law or the policies of the applicable marketplace, fees already paid are non-refundable.

If a paid entitlement is purchased directly from NimbleDesk in the future, any additional billing terms presented at purchase will also apply.

Relay infrastructure consumes network and server resources and may be subject to plan-specific limits.

You may not:

• intentionally circumvent relay, bandwidth, device, subscription, or usage restrictions
• create multiple accounts primarily to evade usage limits
• resell or redistribute relay capacity without written authorization
• use the Service in a manner that imposes an unreasonable or disproportionate load on NimbleDesk infrastructure
• interfere with service quality for other users

We may limit, throttle, suspend, or block abusive or excessive usage when reasonably necessary to protect the Service, enforce plan limits, prevent circumvention, or maintain service availability.

You agree not to use NimbleDesk to:

• gain or attempt to gain unauthorized access to computers, accounts, networks, data, or services
• deploy, distribute, operate, or assist with malware, ransomware, spyware, credential stealers, botnets, or other malicious software
• conduct phishing, fraud, scams, impersonation, deceptive technical-support activity, or social engineering
• steal or improperly obtain passwords, authentication tokens, financial information, personal information, or other credentials or data
• surveil or monitor a person or device without authorization where such authorization is required
• damage, disrupt, overload, disable, or interfere with computers, networks, services, or NimbleDesk infrastructure
• bypass or defeat security controls, subscription restrictions, technical safeguards, or access-control mechanisms
• violate intellectual-property rights, privacy rights, contractual rights, or other rights of another person
• transmit or facilitate unlawful content or activity
• use the Service in violation of applicable law, regulation, sanctions, or export-control requirements
• assist another person in doing any of the above

You may not probe, scan, reverse engineer, attack, or attempt to obtain unauthorized access to NimbleDesk systems, except to the extent such activity is expressly permitted by applicable law or by a written security research policy issued by NimbleDesk.

You are responsible for maintaining reasonable security for computers and devices connected to NimbleDesk, including operating-system updates, passwords, authentication methods, physical access, and other protections appropriate to your use.

You should grant remote access only to people you trust and should review access permissions before accepting or issuing an invitation.

If you discover a security vulnerability in NimbleDesk, we encourage responsible disclosure to us rather than exploitation or public disclosure that would place users at unnecessary risk.

Our collection, use, retention, and disclosure of personal information is described in the NimbleDesk Privacy Policy.

These Terms do not replace or override rights provided to you under applicable privacy or data-protection law.

The Service, including NimbleDesk software, interfaces, designs, graphics, logos, trademarks, documentation, and other materials provided by NimbleDesk, is owned by Gudka Ventures LLC or its licensors and is protected by applicable intellectual-property laws.

Except for rights expressly granted under these Terms or an applicable software license, no rights in the Service are transferred to you.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, or attempt to derive source code from proprietary portions of the Service except to the extent such restriction is prohibited by applicable law.

Open-source components included with NimbleDesk remain subject to their applicable open-source licenses. If an open-source license conflicts with these Terms with respect to that component, the open-source license controls for that component.

If you voluntarily provide ideas, suggestions, comments, or other feedback about NimbleDesk, you grant us permission to use that feedback without restriction or compensation to you, provided that doing so does not give us ownership of your personal information or content stored on your computers.

We may update, improve, modify, suspend, or discontinue portions of the Service.

We may perform maintenance or make changes that temporarily affect availability. We may also add or remove support for particular operating systems, hardware, features, connection methods, or third-party integrations.

Where reasonably practicable, we will try to avoid materially disrupting paid functionality during an active paid subscription period. However, we may make immediate changes when necessary for security, legal compliance, abuse prevention, third-party platform requirements, or technical operation.

We do not guarantee that the Service will be uninterrupted, error-free, or available at all times.

You may stop using NimbleDesk at any time.

You may delete your account using the account-deletion options we make available, subject to any lawful retention described in our Privacy Policy.

We may suspend, restrict, or terminate your access to some or all of the Service if we reasonably believe that:

• you violated these Terms
• your account or devices present a security risk
• your use is fraudulent, abusive, unlawful, or harmful
• your use threatens NimbleDesk infrastructure or other users
• suspension is required by law or a valid legal process
• continued provision of the Service is no longer reasonably possible

Where appropriate and legally permitted, we may provide notice and an opportunity to address the issue before termination. Immediate action may be taken when reasonably necessary to protect users, systems, or the Service.

Termination does not eliminate obligations or liabilities that arose before termination.

Your use of NimbleDesk may also be subject to terms imposed by device manufacturers, operating-system providers, app stores, payment providers, and other third parties.

For NimbleDesk software obtained through Apple’s App Store, Apple’s then-current Standard Licensed Application End User License Agreement applies to the license for that application unless NimbleDesk provides a custom end-user license agreement through the App Store.

These Terms govern the broader NimbleDesk Service, including accounts, remote connections, relay services, user relationships, and service features.

If these Terms conflict with mandatory terms imposed by an applicable app marketplace for a marketplace-distributed application, the mandatory marketplace terms control to the extent of that conflict.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

NIMBLEDESK AND GUDKA VENTURES LLC DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL ALWAYS BE AVAILABLE, SECURE, UNINTERRUPTED, OR ERROR-FREE
• ANY PARTICULAR DIRECT OR RELAYED CONNECTION WILL SUCCEED
• ANY PARTICULAR LATENCY, RESOLUTION, FRAME RATE, VIDEO QUALITY, AUDIO QUALITY, OR RESPONSIVENESS WILL BE ACHIEVED
• THE SERVICE WILL BE COMPATIBLE WITH EVERY DEVICE, APPLICATION, GAME, DRIVER, PERIPHERAL, OR NETWORK
• REMOTE INPUT WILL ALWAYS BE DELIVERED OR INTERPRETED EXACTLY AS INTENDED
• USE OF THE SERVICE WILL PREVENT DATA LOSS, UNAUTHORIZED ACCESS, OR OTHER SECURITY INCIDENTS

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUDKA VENTURES LLC, NIMBLEDESK, AND THEIR OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, DATA, FILES, USE, OR PRODUCTIVITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. 1THE AMOUNT YOU PAID TO NIMBLEDESK FOR THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
2. 2ONE HUNDRED U.S. DOLLARS (US $100).

THE LIMITATIONS IN THIS SECTION APPLY TO THE EXTENT PERMITTED BY LAW AND DO NOT LIMIT LIABILITY THAT CANNOT LEGALLY BE LIMITED OR EXCLUDED.

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Gudka Ventures LLC, NimbleDesk, and their officers, members, employees, contractors, affiliates, licensors, and service providers from claims, liabilities, damages, losses, and reasonable costs, including attorneys’ fees, arising from or related to:

• your unlawful or unauthorized use of the Service
• your material violation of these Terms
• your violation of another person’s rights
• content, activity, access, or remote-control actions for which you were responsible

This obligation does not apply to the extent a claim results from NimbleDesk’s own unlawful conduct or from circumstances for which applicable law does not permit indemnification.

We may update these Terms from time to time.

If we make material changes, we will provide notice as reasonably appropriate, such as through the Service, our website, or an account-related communication.

The updated Terms will state their effective date. Your continued use of the Service after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by applicable law.

If you do not agree to updated Terms, you should stop using the Service and, if appropriate, cancel any recurring subscription before its next renewal.

Except where applicable consumer law requires otherwise, these Terms and any dispute arising from or relating to them or the Service are governed by the laws of the State of Maryland, without regard to conflict-of-law principles.

Subject to any mandatory jurisdiction or venue rights that apply to you, disputes that cannot be resolved informally will be brought in a state or federal court of competent jurisdiction located in Maryland, and you and Gudka Ventures LLC consent to the jurisdiction of those courts.

Nothing in these Terms limits rights or remedies that cannot be waived under applicable law.

If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

Our failure to enforce a provision of these Terms is not a waiver of our right to do so later.

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law, subject to applicable law.

These Terms, together with the Privacy Policy and any additional terms presented for a specific purchase or feature, constitute the agreement between you and Gudka Ventures LLC regarding the NimbleDesk Service, except for separate third-party terms that independently apply.

Section headings are for convenience only.

Questions about these Terms may be sent to: