1. Scope
These terms apply to all contracts between Lightnet Multimedia GmbH (“we”, “us”) and customers (“you”) regarding the use of WinDesk and related services, unless otherwise agreed in writing.
2. Conclusion of contract
The contract is concluded through registration and acceptance of these terms. Paid subscriptions start with completion of the order process.
3. Services
We provide the WinDesk client and host as software as well as a customer portal for administration, billing and host management. The scope of features depends on the subscription chosen (Free, Light, Pro) or, in the case of prepaid credit, on clause 4a, and is documented at /en/pricing.
4. Prices and payment
Prices are stated in CHF and are exclusive of statutory VAT. Billing is monthly or annual in advance via credit card or invoice. Default interest of 5% per annum applies pursuant to Art. 104 of the Swiss Code of Obligations. Clause 4a applies to prepaid credit.
4a. Prepaid credit
Instead of a subscription you may purchase prepaid credit. Buying credit does not create a continuing obligation: there is no minimum term, no automatic renewal and consequently no notice period. Clause 4 sentence 2 and clause 5 do not apply to prepaid credit.
Credit is sold in fixed packages. Package prices are net; statutory VAT, currently 8.1%, is added and invoiced at checkout. The amount credited is the net amount of the package.
Credit expires 24 months after purchase. The date of the individual purchase is decisive; each purchase is counted separately and expires separately. The oldest credit still valid is always spent first. Expired credit is neither replaced nor reimbursed.
Credit cannot be paid out in cash and cannot be refunded to the original means of payment. Credit is not transferable and may be used solely for the use of WinDesk.
Usage is billed at the rates published at /en/pricing. If no credit remains, provision of the service is suspended until credit is available again; there is no entitlement to service beyond the credit available.
5. Term and termination
Monthly subscriptions can be cancelled with effect from the end of the current month, annual subscriptions with effect from the end of the annual term. Cancellation is via the customer portal or in writing to info@windesk.ch. Clause 4a applies to prepaid credit; a prepaid account has no term and does not need to be cancelled.
6. Availability
We aim for an availability of 99.5% per calendar month, excluding announced maintenance windows.
7. Privacy
Personal data is processed in accordance with our privacy policy. Customers who process third-party personal data through WinDesk enter into a data processing agreement with us under Art. 28 GDPR. We do not currently keep a ready-made template; please write to info@windesk.ch.
8. Liability
We are liable without limitation for damage caused by gross negligence or wilful intent. For slight negligence, liability is limited to the fees paid in the month preceding the event giving rise to the damage, but to no more than CHF 10'000. Liability for indirect damage, loss of profit or loss of data is excluded to the extent permitted by law.
9. Use restrictions (Acceptable Use Policy)
You undertake not to use WinDesk for unlawful purposes, in particular not for unauthorised access to third-party devices, malware distribution or violation of third-party rights. We may block access for violations.
Explicitly prohibited uses. The following use cases are explicitly prohibited and result in immediate account suspension and handover of audit logs to the competent Swiss law enforcement authority:
- Tech-support scams (impersonation of helpdesk, bank, authority or Microsoft identity to induce victims to install the software)
- Takeover of online-banking sessions, in particular with simultaneous screen blackout ("screen-blackout hijack")
- So-called "financial domination" / findom operations or comparable schemes that induce victims to grant remote-control rights for banking apps or online shops to third parties
- Romance scams with a remote component, specifically, building a personal relationship in order to later induce the victim to install the software with the aim of causing financial loss
- Covert surveillance ("stalkerware"), in particular in domestic violence contexts or against persons who have not given informed consent
- Paid takeover of third-party accounts, crypto wallets or gaming accounts
- Industrial espionage and data theft against systems for which you are not authorised
- Distribution of malware, ransomware or phishing infrastructure
Criminal prosecution. Lightnet Multimedia GmbH rigorously pursues confirmed violations of this clause. On suspicion of offences within the meaning of Art. 143, 143bis, 144bis, 146, 147, 156, 197 or 305bis of the Swiss Criminal Code, the audit logs are frozen and handed over to the competent Swiss law enforcement authority. In cross-border matters, handover to international law enforcement takes place via the Swiss central authority (Federal Office of Justice, International Legal Assistance Section) on the basis of the Budapest Convention on Cybercrime (ETS 185) or bilateral mutual legal assistance treaties. By accepting these terms you expressly consent to such disclosure where abuse is suspected.
Named-login obligation / account-sharing prohibition. Each user account may be used only by exactly one natural person. Sharing access data (password, MFA secret, passkey) with other persons — including within the same company, including via password manager — is prohibited. For additional team members the user add-on (CHF 7.90/month per user) is available on the Pro plan. Breach of this clause may lead to suspension of access without notice and to claims for damages.
Reporting channels. Suspected abuse: abuse@windesk.ch. Authority requests: abuse@windesk.ch. Victim help and prosecution position: Report abuse + victim help page.
10. Changes to the terms
We will notify you of any changes at least 30 days before they take effect. If you do not object within 30 days, the changes are deemed accepted. If the changes place you at a material disadvantage, you have an extraordinary right of termination.
11. Final provisions
Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Bern. Should individual provisions be invalid, the validity of the others remains unaffected.