Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the RaceMyDesk website (www.racemydesk.com), the RaceMyDesk platform accessible at dashboard.racemydesk.com, the RaceMyDesk Outlook add-in, and any related services (collectively, the "Service"). RaceMyDesk is provided by two affiliated companies, each serving different geographic markets:

RACEMYDESK, S.L. (NIF: B27520857), registered at Calle Aussias March 5D, 07004 Palma de Mallorca, Spain, which contracts with customers and users located in the European Union and Spain.

KWF AI FZCO (Trade Licence: DMCC-975107), registered at Unit No. UT-12-CO-216, DMCC Business Center, Level 12, Uptown Tower, JLT, Dubai, United Arab Emirates, which contracts with customers and users located in the United Arab Emirates, Saudi Arabia, and the wider Gulf region.

In these Terms, "we," "us," and "our" refer to whichever of these entities is your contractual counterparty, based on your location and the terms of any applicable Service agreement or order form.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

2. Definitions

• "Service" refers to the RaceMyDesk website, platform, Outlook add-in, and all related tools and features.
• "User" refers to any individual or entity that accesses or uses the Service.
• "Customer" refers to the organisation that has entered into a commercial agreement with us for the deployment and use of the Service.
• "Account" refers to the user account created to access the RaceMyDesk platform or add-in.
• "Content" refers to any data, text, emails, documents, attachments, or other materials processed through the Service.
• "We," "Us," "Our" refers to whichever of the entities named in Section 1 is your contractual counterparty.

3. Account registration

To access certain features of the Service, you must create an account or be provisioned an account by your organisation. When registering or using an account, you agree to:

• Provide accurate, current, and complete information.
• Keep your login credentials confidential and secure.
• Notify us immediately of any unauthorised access to your account.
• Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or remain inactive for an extended period.

4. Service plans and payments

RaceMyDesk is provided to enterprise customers under a commercial agreement that includes a guided implementation, deployment on the customer's infrastructure, and ongoing service. The specific commercial terms, including pricing, payment schedule, and service scope, are set out in the signed agreement or order form with each customer.

Trial or evaluation access, where offered, is subject to the terms communicated at the time of the trial and may be modified or discontinued at our discretion.

Failure to pay fees when due may result in suspension or termination of access to the Service, in accordance with the applicable commercial agreement.

5. Acceptable use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service to transmit spam, malware, or any harmful content.
• Attempt to gain unauthorised access to any part of the Service, other accounts, or related systems.
• Reverse engineer, decompile, or disassemble any part of the Service, except to the extent expressly permitted by applicable law.
• Use the Service in a manner that could damage, disable, or impair its functionality.
• Violate any applicable local, national, or international law or regulation.
• Use the Service to process or store data in violation of data protection laws or the rights of third parties.

6. Your data and content

You retain ownership of all Content you submit, upload, or process through the Service. By using the Service, you grant us a limited licence to process your Content solely for the purpose of providing the Service to you.

RaceMyDesk is deployed on the Customer's own infrastructure. Content processed through the Service remains within the Customer's environment. We do not access, store, or process Customer Content on our own servers in the normal course of service operation. Any technical or operational data that may be transmitted to us for support, licensing, or software maintenance is described in our Privacy Policy.

We do not sell, share, or use your Content for any purpose other than providing the Service.

7. Data protection and privacy

The processing of personal data in connection with the Service is governed by our Privacy Policy, available at www.racemydesk.com/privacy, and, where applicable, by a separate Data Processing Agreement ("DPA") entered into between the Customer and us.

Where the Service processes personal data of the Customer's employees, users, or contacts, the Customer acts as the data controller and we act as the data processor, processing such data only under the Customer's documented instructions and in accordance with the DPA.

Sub-processors. We may engage sub-processors to support the delivery of the Service. Any sub-processors that may process Customer personal data are disclosed in our Privacy Policy and, where applicable, in the DPA. We will give the Customer reasonable notice of any material changes to our sub-processors.

Security. We take appropriate technical and organisational measures to protect personal data, as described in our Privacy Policy and any applicable DPA.

Breach notification. In the event of a personal data breach involving Customer Content on our infrastructure or that of our sub-processors, we will notify the affected Customer without undue delay and, in any event, within 72 hours of becoming aware of the breach, in accordance with Article 33(2) of the GDPR where applicable.

8. Intellectual property

The Service, including its design, code, features, documentation, branding, and all related intellectual property, is owned by RACEMYDESK, S.L., KWF AI FZCO, or their licensors. These Terms do not grant you any rights to our trademarks, logos, or other brand features beyond those strictly necessary to use the Service.

You may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent.

9. Service availability and service levels

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. Because RaceMyDesk is deployed on the Customer's infrastructure, availability of the Service also depends on the Customer's own systems, network, and operational environment.

For enterprise customers, specific service level agreements ("SLAs") with uptime commitments and support response times may be offered under separate written agreements.

10. Limitation of liability

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied.
• We do not warrant that the Service will meet your specific requirements or that results obtained from using the Service will be accurate, complete, or reliable.
• In no event shall either RACEMYDESK, S.L. or KWF AI FZCO be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill.
• Our total aggregate liability for any claim arising from or related to these Terms shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

11. Termination

Either party may terminate the use of the Service as follows:

• By you: You may stop using the Service and request closure of your account at any time by contacting us at the addresses in Section 16, subject to the commercial terms of any applicable agreement.
• By us: We may suspend or terminate your access if you breach these Terms, if required by law, or if we discontinue the Service with reasonable prior notice.

Upon termination of the commercial agreement, Customer Content that resides on the Customer's infrastructure remains with the Customer. Any Customer-related data held by us or our sub-processors is deleted in accordance with the Privacy Policy and any applicable DPA.

12. Indemnification

You agree to indemnify and hold harmless RACEMYDESK, S.L., KWF AI FZCO, their officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

13. Modifications to the Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the bottom of this page and, where appropriate, notify you via email or through the Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.

14. Governing law and disputes

The governing law and jurisdiction applicable to these Terms depend on which entity is your contractual counterparty, as set out in Section 1:

If your contractual counterparty is RACEMYDESK, S.L., these Terms are governed by the laws of Spain, and any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Palma de Mallorca, Balearic Islands, Spain.

If your contractual counterparty is KWF AI FZCO, these Terms are governed by the laws of the United Arab Emirates, and any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Dubai International Financial Centre (DIFC), or such other competent court in the Emirate of Dubai as may have jurisdiction.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Contact us

If you have any questions about these Terms of Service, please contact us at the entity applicable to your region:

For European Union and Spain customers:
RACEMYDESK, S.L.
Calle Aussias March 5D, 07004 Palma de Mallorca, Spain
Email: [email protected]

For UAE, Saudi Arabia, and Gulf region customers:
KWF AI FZCO
Unit No. UT-12-CO-216, DMCC Business Center, Level 12, Uptown Tower, JLT, Dubai, United Arab Emirates
Email: [email protected]

General enquiries: www.racemydesk.com/contact

Last updated: 22 April 2026