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Terms of Use

Effective Date: October 30, 2025

1. Acceptance of Terms

By accessing or using Desk4 ("Service," "we," "us," "our"), you agree to be bound by these Terms of Use. If you do not agree to these terms, you may not use the Service. These Terms constitute a legally binding agreement between you and Desk4 (a property of midlware).

2. Service Description

Desk4 is a simplified recruitment workspace designed for boutique recruiting agencies to manage candidate profiles, active job roles, pipeline applications, client communications, and recruiter notes.

3. Eligibility

You must be at least 18 years old to use this Service. By using Desk4, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. User Accounts

Registration: You must create an account to access the Service. You agree to provide accurate, current, and complete information during registration.

Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at hi@midlware.tech of any unauthorized use.

Account Termination: We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

5. Intellectual Property Ownership

Your Inputs:You retain full ownership of all candidate profiles, notes, resumes, documents, and other data you submit to the Service ("User Inputs").

Workspace Data: You own all reports and structured data exports generated by the Service based on your inputs, subject to these Terms.

License to Us: By using the Service, you grant Desk4 a limited, non-exclusive, worldwide license to process your User Inputs solely for the purpose of providing the Service to you and improving platform stability. We do not sell or share your workspace data.

Our Intellectual Property: Desk4 retains all rights, title, and interest in the Service itself, including our workspace software, visual layouts, branding, database architectures, and algorithms. You may not copy, modify, reverse engineer, or create derivative works based on our Service.

6. User Responsibilities and Warranties

Full Responsibility: You are solely responsible for:

  • All User Inputs (candidate details, resumes, etc.) you submit to the Service
  • Obtaining necessary consent from candidates before uploading their personal details or resumes
  • Verifying the accuracy, quality, and appropriateness of all information before sharing with clients
  • Ensuring outputs do not infringe third-party intellectual property or privacy rights
  • Any consequences arising from candidate placements or client matches made using the Service

Content Compliance: You are responsible for ensuring your data practices comply with relevant local and international recruitment laws, privacy regulations (e.g. GDPR, Privacy Act 1988), and employment policies.

7. Prohibited Uses and Content

You agree NOT to use the Service to upload, store, or transmit:

Illegal Content: Any content that violates Australian or applicable international laws, including child exploitation material, terror-related content, fraud, scams, or unauthorized personal info.

Harmful Content: Hate speech, harassment, graphic violence, malware, viruses, or malicious tracking scripts.

Infringing Content: Copyrighted resumes or documents you do not have rights or candidate permissions to use.

Sensitive Information: Candidate financial account details, government identifiers, or sensitive medical records unrelated to standard job requirements.

8. Platform Limitations and Disclaimers

Desk4 is provided "as is" without warranties of any kind. We do not guarantee that:

  • The Service will be uninterrupted, secure, or free from bugs or errors.
  • Candidate details or files will be stored permanently without user-initiated deletion.
  • The recruitment tracking features will guarantee successful hiring outcomes.

9. Limitation of Liability

Maximum Liability:To the fullest extent permitted by law, Desk4's total liability for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid to Desk4 in the 12 months preceding the claim.

Excluded Damages: We shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, candidate placements, revenue, data, or business opportunities.

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, condition, or right that cannot be excluded under the Australian Consumer Law or other applicable laws.

10. Payment Terms

  • Subscription Fees: Subscription plans are billed in advance on a recurring basis (monthly). All fees are in AUD unless otherwise stated.
  • Payment Processing: Payments are processed by our third-party provider Stripe. You agree to Stripe's terms and policies.
  • No Refunds: All fees are non-refundable except as required by law (such as under the Australian Consumer Law) or at our sole discretion.
  • Price Changes: We may change pricing with 30 days' notice. Continued use after price changes constitutes acceptance.
  • Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period.

11. Modifications to Service and Terms

We reserve the right to modify or discontinue any aspect of the Service, or update these Terms, at any time. We will notify you of material changes via email or prominent notice on the platform. Your continued use after changes constitutes acceptance of the modified Terms.

12. Termination

You may terminate your account at any time via settings. We may suspend or terminate your access immediately if you violate these Terms, fail to pay applicable fees, or engage in fraudulent activity.

13. Governing Law and Disputes

These Terms are governed by the laws of South Australia and the Commonwealth of Australia. You agree to the exclusive jurisdiction of the courts of South Australia for any disputes arising from these Terms or the Service. Before initiating formal proceedings, you agree to contact us at hi@midlware.tech to attempt to resolve disputes informally.

14. Contact Information

For questions, concerns, or notices regarding these Terms: