Terms of Service

1. Account terms

1. You are responsible for maintaining the security of your account and password and for ensuring that any of your team members do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. You may not use the Services for any purpose outlined in our Use Restrictions below, and you may not permit any of your team members to do so, either.
3. You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any team members in your account.
4. You must be at least 18 years old and a human. Accounts registered by automated methods are not permitted.
5. Your account is created and configured by Deskeeper as part of the onboarding process. You are responsible for reviewing your account configuration once we deliver it and notifying us promptly of any errors or required changes.

2. Payment, refunds, and plan changes

1. Our subscription plans are billed monthly in advance. After your first payment, your account will renew automatically each month at the same rate unless you cancel.
2. We accept payment by Visa, Mastercard, American Express, and Discover. All payments are processed in US dollars.
3. We offer a 30-day money-back guarantee. If you are not satisfied with the Services within the first 30 days of your initial paid subscription, you may request a full refund of fees paid during that period by contacting us at eduard@deskeeper.com. The 30-day money-back guarantee applies only to your initial subscription period and does not apply to subsequent renewals.
4. After the initial 30-day money-back period, fees paid for any partial billing period are non-refundable. If you cancel mid-cycle, your cancellation takes effect at the end of the current billing period.
5. Our Website Design service is a one-time per-project engagement billed separately from subscription tiers. Website Design fees, scope, deliverables, and timelines are documented in a separate scope agreement signed before work begins. The 30-day money-back guarantee does not apply to Website Design fees once project work has commenced.
6. All fees are exclusive of any taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of any applicable taxes on your subscription.
7. We may change pricing for our Services at any time. We will give at least 30 days notice of any pricing change to existing customers via the email address on record. We may also post a notice about changes on our website or within the Services.

3. Cancellation and termination

1. You may cancel your subscription at any time by contacting us at eduard@deskeeper.com. Cancellation takes effect at the end of your current billing period; you will not be charged for any subsequent periods.
2. Upon cancellation, your access to the Services and to your account data ends at the close of your final paid billing period. We retain your account data for up to six (6) months after termination as described in our Privacy Policy, after which it is permanently deleted from active systems and backups.
3. If you want to export any data before your account is canceled, contact us and we will work with you to provide a reasonable export of your information.
4. We have the right to suspend or terminate your account and refuse any current or future use of our Services for any reason at any time, including for violations of these Terms or our Use Restrictions. Termination will result in the deletion of your account and the forfeiture of all content within it, subject to our retention obligations.
5. Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Company employee or contractor will result in immediate account termination.

4. Use restrictions

You may not use the Services to:

1. Advertise or offer to sell goods and services unrelated to the home services business operations the Services are designed to support.
2. Sell or otherwise transfer your account, account credentials, or your profile to any third party without our prior written consent.
3. Engage in deceptive, fraudulent, or unlawful telemarketing, including any activity that violates the Telephone Consumer Protection Act ("TCPA"), Do Not Call regulations, or any state-level robocall, autodialer, or consent laws applicable to your operations.
4. Record telephone communications without obtaining the consent required under applicable federal and state law. You acknowledge that several US states (including California, Florida, and Pennsylvania) require all-party consent to call recording, and that you are solely responsible for ensuring that your use of the Voice AI and any call recording features complies with applicable consent laws in every jurisdiction in which you operate.
5. Send unsolicited commercial SMS messages or engage in SMS spamming, including any activity that violates the CAN-SPAM Act, the TCPA, or the acceptable-use policies of any wireless carrier.
6. Use the Services to engage in or facilitate any illegal activity, harass any person, or transmit malicious code.
7. Reverse-engineer, decompile, or attempt to extract the source code of any component of the Services.
8. Use the Services in any manner that interferes with or disrupts the integrity or performance of the Services for other customers.

You are solely responsible for ensuring that your use of the Services complies with all applicable federal, state, and local laws, including telecommunications, data privacy, consumer protection, and labor laws.

5. AI Products

1. As part of our Services, we offer products, features, or tools powered by artificial intelligence, machine learning, or similar technologies (collectively, "AI Products"), including the Voice AI, the Chat Bot, the Lead Scoring Leaderboard, and AI-powered automation throughout the platform.
2. We provide certain AI Products through third-party service providers ("AI Service Providers"), including Anthropic and GoHighLevel. Your input, output, and personal data may be shared with and processed by these AI Service Providers to enable your use of the AI Products. We describe this in more detail in our Privacy Policy.
3. AI outputs are generated by automated systems and may contain inaccuracies, errors, or biases. You are responsible for reviewing AI outputs before relying on them in business decisions, customer communications, or any other context where accuracy matters. Deskeeper does not warrant that AI outputs are correct, complete, or fit for any particular purpose.
4. You must not use the AI Products in any way that violates the terms or policies of any AI Service Provider, or to generate content that is unlawful, harmful, deceptive, or that infringes the rights of any third party.

6. Content ownership

1. You retain ownership of all content you submit to the Services, including customer communications captured by the Voice AI or Chat Bot, contact records, lead notes, and any business data you provide to us.
2. You grant us a limited, non-exclusive license to access, store, process, transmit, and display your content solely for the purpose of providing and improving the Services for you.
3. We do not pre-screen content, but we reserve the right (without obligation) to refuse or remove any content available via the Services that we determine, in our sole discretion, violates these Terms or applicable law.
4. The Company or its licensors own all right, title, and interest in and to the Services themselves, including all intellectual property rights. You obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of our visual design, source code, or proprietary materials without express written permission.
5. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.

7. Copyright infringement

If you believe that content available through the Services infringes your copyright, please send a written notice to eduard@deskeeper.com including:

1. A description of the copyrighted work you claim has been infringed.
2. The location (URL or other description) where the allegedly infringing material is found within the Services.
3. Your contact information, including name, address, telephone number, and email address.
4. A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
5. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
6. Your physical or electronic signature.

If we receive a takedown notice that meets these requirements, we will investigate and may remove or disable access to the allegedly infringing content. If your content has been removed in response to a takedown notice and you believe the removal was in error, you may submit a counter-notice using the same procedure.

8. Third-party links and services

The Services may contain links to third-party websites, services, or resources that are not owned or controlled by Deskeeper. We are not responsible for the content, accuracy, or practices of any third-party site. Your use of any third-party site or service is governed by that third party's own terms and policies, and you access them at your own risk.

The Services rely on third-party infrastructure providers (including but not limited to Anthropic, Vercel, GoHighLevel, Stripe, and Resend) to deliver the platform. We are not liable for outages, errors, or service issues caused by these third-party providers, although we will use reasonable efforts to mitigate the impact on your use of the Services.

9. Uptime, security, and privacy

1. Your use of the Services is at your sole risk. We provide the Services on an "as is" and "as available" basis. We do not offer service-level agreements, but we take uptime seriously and will use commercially reasonable efforts to maintain availability.
2. We take reasonable measures to protect your data, including encryption in transit and access controls. However, no electronic transmission or storage system is completely secure. You acknowledge that you provide content to the Services at your own risk.
3. When you use our Services, you entrust us with your data. We process your data only as described in our Privacy Policy and for the purposes you signed up for.
4. We use third-party vendors and hosting partners to provide the necessary infrastructure for the Services. The current list of subprocessors is described in our Privacy Policy.

10. Limitation of liability

To the maximum extent permitted by applicable law:

1. Disclaimer of Warranties.The Services are provided "as is" and "as available" without warranty of any kind, whether express, implied, statutory, or otherwise. We disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted operation. We make no guarantees that the Services will meet your specific requirements or expectations, that AI outputs will be accurate, or that the Services will be error-free or available without interruption.
2. Cap on Liability. Our total cumulative liability to you for any and all claims arising out of or relating to these Terms or the Services, regardless of the form of action and whether based on contract, tort (including negligence), strict liability, or any other legal theory, will not exceed the lesser of (a) one thousand US dollars ($1,000.00 USD), or (b) the total amount you paid Deskeeper in the twelve (12) months immediately preceding the event giving rise to the claim.
3. Excluded Damages. In no event will we be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages.
4. Time Limit on Claims. Any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the cause of action arose. Claims brought after this period are permanently barred.
5. Carve-Outs.The limitations in this section do not apply to (a) your obligation to pay fees owed, (b) either party's indemnification obligations, (c) violations of intellectual property rights, or (d) liability that cannot be excluded or limited under applicable law.

11. Dispute resolution

Please read this section carefully. It requires you to arbitrate disputes with Deskeeper individually and limits the way you can seek relief from us.

1. Informal Negotiation First. Before filing any formal arbitration or court proceeding, both parties agree to first attempt to resolve any dispute informally for at least thirty (30) days. To begin informal negotiation, send a written notice describing the dispute to eduard@deskeeper.com. Both parties agree to participate in good faith during the 30-day period.
2. Binding Arbitration. If the dispute is not resolved through informal negotiation, both parties agree to resolve the dispute through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration will take place in California, United States, and may be conducted in person, by phone, or based on written submissions, at the arbitrator's discretion.
3. Arbitration Fees. If the arbitration fees would be excessive in relation to the size of the dispute, we will pay the portion of the fees that exceed what would be a reasonable filing fee in a court of competent jurisdiction. This commitment is intended to ensure that the cost of arbitration does not prevent you from pursuing a legitimate claim.
4. Class Action Waiver. You and Deskeeper agree that any dispute will be resolved on an individual basis only. Neither party may bring a claim as a plaintiff or class member in any class, collective, or representative action. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.
5. Court Venue for Non-Arbitrable Claims. If a dispute cannot be resolved through arbitration for any reason, or if a party seeks injunctive relief related to intellectual property, the parties consent to the exclusive jurisdiction of the state and federal courts located in California, United States.
6. Governing Law. These Terms and any dispute arising from them are governed by the laws of the State of California, without regard to its conflict of laws principles.

12. Modifications to the Services

We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of the Services with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. We will use reasonable efforts to provide notice of significant changes in advance.

13. Indemnification

You agree to indemnify, defend, and hold harmless Tiny Loom LLC and its officers, employees, and contractors from any claim, demand, loss, or damage, including reasonable attorneys' fees, arising out of or related to (a) your violation of these Terms, (b) your use of the Services in violation of applicable law (including TCPA, call recording laws, or SMS regulations), (c) content you submit to the Services, or (d) your infringement of any third-party right.

14. General provisions

1. Entire Agreement. These Terms, together with our Privacy Policy and any service-specific agreements (such as a Website Design scope agreement), constitute the entire agreement between you and Deskeeper regarding the Services.
2. Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full effect.
3. Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms freely in connection with a merger, acquisition, or sale of assets.
4. No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision later.
5. Force Majeure. Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, acts of war, government actions, or third-party infrastructure outages.

15. Contact

If you have a question about these Terms, please contact us at eduard@deskeeper.com, or write to us at: