Terms of Service

2.1 AI Voice Service

If you use the Front Desk AI Voice feature, you acknowledge that calls will be answered and handled by an artificial intelligence system. You agree that: (a) you will configure the AI with accurate business information; (b) you are responsible for reviewing AI-handled interactions; (c) the AI may not handle every call scenario perfectly; and (d) Front Desk is not liable for any miscommunication or errors made by the AI system. You are solely responsible for ensuring the AI is configured in compliance with all applicable laws and regulations.

2.2 Telephony & Messaging

If you use Front Desk telephony or messaging features, you acknowledge that these services are provided through third-party telephony providers (including Twilio) and are subject to their respective terms. You agree to comply with all applicable laws regarding call recording, telephone communications, and text messaging, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and any state or local regulations.

6.1 Subscriber Data License Grant

By submitting Subscriber Data to Front Desk, you represent and warrant that you have all rights necessary to grant, and hereby grant, all rights and licenses to the Subscriber Data required for Front Desk and its subcontractors to provide the Service. You agree that Front Desk may collect, analyze, and use data derived from Subscriber Data. You further agree that Front Desk may use, store, and create derivative works of anonymized, aggregated Subscriber Data both during and after the Term. Except for the rights you grant in these Terms, you retain ownership of all rights, title, and interest in your Subscriber Data.

6.2 Your Responsibilities for Subscriber Data

You represent, warrant, and agree that:

• You have obtained the Subscriber Data lawfully and it does not violate any applicable laws or any person's proprietary or intellectual property rights.
• The Subscriber Data is free of viruses, malware, and other harmful elements.
• All Subscriber Data has been collected in accordance with a privacy policy that permits Front Desk to collect, use, and disclose such data as contemplated by these Terms, and where required by law, pursuant to consents obtained by you.
• You are solely responsible for ensuring compliance with all applicable privacy laws in all jurisdictions.
• Front Desk takes no responsibility and assumes no liability for any Subscriber Data. You are solely responsible for your Subscriber Data and the consequences of sharing it.

6.3 Use and Disclosure of Subscriber Data

Front Desk will only use Subscriber Data to provide the Service to you, except with your prior written consent or as otherwise expressly permitted under this Agreement, the BAA, or the Privacy Policy. Front Desk may use Subscriber Data in the development and maintenance of AI tools and services, consistent with applicable data privacy laws and our BAA obligations.

Front Desk will not disclose Subscriber Data except: (a) as you direct or as required to provide the Service; (b) to sub-processors as needed to provide the Service; (c) as described in the BAA or Privacy Policy; or (d) as required by applicable law.

6.4 Security Measures

Front Desk will implement and maintain appropriate technical and organizational measures designed to protect the security of Subscriber Data, including measures to protect from unauthorized access, use, modification, deletion, loss, or disclosure. Front Desk will limit access to Subscriber Data to personnel and subcontractors who have a need to know and will ensure they are bound by appropriate obligations of confidentiality.

You are responsible for properly configuring and using the Service and for maintaining appropriate security, protection, and backup of your Subscriber Data outside of the Front Desk platform.

6.5 Data Breach Notification

If a data breach affecting Subscriber Data occurs, Front Desk will: (a) notify you without undue delay after discovering the breach, and within any notice period required by applicable law; and (b) on request, use commercially reasonable efforts to provide information necessary for any required notifications under applicable law.

6.6 Sub-processors

You agree that Front Desk may use sub-processors to provide the Service. Front Desk will enter into written agreements with each sub-processor requiring them to access and use Subscriber Data only for the purpose of delivering their contracted services. Front Desk will be liable for the acts and omissions of its sub-processors to the same extent as if performed by Front Desk.

6.7 Backups

Front Desk will not be responsible for any backup, recovery, or other steps required to ensure that Subscriber Data is recoverable in the event of data loss. You are solely responsible for backing up your Subscriber Data and taking appropriate steps to safeguard its integrity.

7.1 Account Registration

To use the Service, you must create an account and provide true, accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials, for restricting access to your account, and for all activities that occur under your account. You must be at least 18 years old to create an account.

The person who first completes Service registration on behalf of any Subscribing Organization is the initial Administrator and may determine access levels, privacy settings, and security configurations for the organization's use of the Service. Administrators may designate additional administrators and are responsible for managing accounts and privileges within the organization.

7.2 Compliance with Laws

You are solely responsible for using the Service in accordance with all applicable laws, including but not limited to: the Health Insurance Portability and Accountability Act (HIPAA), the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, the CAN-SPAM Act, the California Consumer Privacy Act (CCPA), and all other applicable laws concerning privacy, telecommunications, telemarketing, call recording, and the sending of text messages.

7.3 Consent for Communications

You represent and warrant that you have obtained from the customers you contact through the Service all consents required under applicable law. If you use messaging features, you agree to comply with applicable opt-in requirements. Messages should only be sent to recipients who have opted in to your service or are expecting communication from you. Front Desk reserves the right to suspend your account if abuse is reported.

If you have enabled call recording features, you acknowledge that calls may be recorded automatically and you are responsible for compliance with all applicable call recording laws and regulations, including obtaining consent where required.

7.4 Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Transmit spam, phishing, or malicious content through the Service
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or its infrastructure
• Use the Service to store or transmit Protected Health Information (PHI) without a valid Business Associate Agreement
• Reverse-engineer, decompile, or disassemble any part of the Service
• Use the Service outside of the purposes and uses approved by Front Desk
• Sub-license, resell, or make the Service available to any third party not authorized under your subscription

7.5 Suspension of Service

Front Desk reserves the right to suspend all or any part of the Service immediately without notice if we reasonably believe: (a) you are in violation of these Terms or applicable laws; (b) your usage patterns are materially outside your regular patterns; (c) your activity is disruptive or harmful to Front Desk or any third party; (d) you are not current on amounts owed; or (e) we suspect illegal activity. Front Desk's failure to take action shall not be deemed a waiver of this right.

8.1 Feedback

You may provide feedback to Front Desk concerning the functionality and performance of the Service ("Feedback"). Front Desk may use Feedback to improve its products and services but has no obligation to implement any suggestions. You assign to Front Desk all right, title, and interest worldwide in and to the Feedback and all intellectual property rights therein, without compensation.

9.1 Subscription Fees

The Service is offered under subscription plans with varying features and limits. You agree to pay the subscription fees as set forth in your Order or selected plan. Subscription fees are billed in advance on a monthly or annual basis. The fees for your subscription will remain fixed during your initial term unless you upgrade, downgrade, or exceed subscription limits.

9.2 Price Changes

We may change pricing with at least 30 days' written notice. Subscription fees may be subject to an increase of up to ten percent (10%) per year. You will receive notice of any price increase.

9.3 Automatic Renewal

Your subscription is subject to automatic renewal at the end of each billing period. You consent to automatic renewal and accept responsibility for all recurring charges to your payment method without further authorization, unless you cancel before the renewal date. The renewal amount may change if applicable tax rates or fees change.

9.4 Usage Fees

In addition to subscription fees, you may incur usage-based charges for telephony minutes, text messages, and other metered features. You are responsible for all charges incurred under your account, including domestic and international communications made through the Service.

9.5 Taxes

You are responsible for paying all applicable taxes, fees, and surcharges, including federal, state, and local taxes. Where Front Desk is obligated to collect such taxes, they will be added to your billing account.

9.6 Payment Method

All fees are quoted in U.S. Dollars unless otherwise stated. Payments must be made electronically by credit card or other acceptable payment methods processed through Stripe. You agree to keep your billing information current and accurate. All fees are non-refundable except as expressly set forth herein or as required by applicable law.

9.7 Past Due Payments

If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Your account may be deactivated without notice if payment is past due, regardless of the amount.

9.8 Cancellation

You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period. You must cancel at least thirty (30) days prior to the next billing period to avoid being charged for the next period. There are no refunds for cancellations during a billing period or during a stated Term.

10.1 Term

Unless your Order states otherwise, these Terms are effective upon the date you sign up for the Service and remain in effect until terminated by either party in accordance with this Section.

10.2 Termination for Convenience

Either party may terminate these Terms upon thirty (30) days' advance written notice. Any active Order with a stated Term will remain in effect until the end of that Term.

10.3 Termination for Cause

Either party may terminate these Terms upon thirty (30) days' advance written notice if: (a) the other party has breached these Terms (including non-payment) and has not cured the breach within the notice period; or (b) the other party becomes insolvent, is subject to bankruptcy proceedings, or has wound up or liquidated its business.

10.4 Effects of Termination

Upon termination, you and all end users must cease use of the Service. All licenses granted shall immediately terminate. If any fees are outstanding, you shall pay them within thirty (30) days of the effective date of termination.

Export of Subscriber Data. Within thirty (30) days following termination, upon your written request, Front Desk will make your Subscriber Data available for export to the extent technically feasible, provided you have paid all outstanding amounts. After this 30-day period, Front Desk has no obligation to retain or provide Subscriber Data.

Deletion of Subscriber Data. Following the export window, Front Desk may retain Subscriber Data necessary for proper administration, legal obligations, or other purposes described in the BAA or Privacy Policy, and will destroy remaining data. Front Desk will continue to comply with applicable agreements for any retained data and will destroy it when no longer needed.

15.1 Governing Law

These Terms shall be governed by and interpreted under the laws of the State of Delaware, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the federal and state courts located in Delaware for any actions arising in connection with these Terms. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

15.2 Arbitration

For any dispute with Front Desk, you agree to first contact us at legal@frontdesk.care and attempt to resolve the dispute informally. If the dispute cannot be resolved within sixty (60) days, you agree to resolve any claim, dispute, or controversy arising out of or relating to these Terms or the Service (collectively, "Claims") by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect, except as provided herein.

The arbitration will be conducted in Delaware unless both parties agree otherwise. Each party will be responsible for paying its JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses. Any judgment on the award may be entered in any court of competent jurisdiction.

15.3 Class Action / Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FRONT DESK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING.

16.1 Consent to Receive Messages

By providing your phone number through our website, signup flow, or during interactions with our team, and by opting in to receive text messages, you consent to receive SMS and MMS messages from Front Desk. Consent to receive text messages is not a condition of purchase or use of our Service.

16.2 Types of Messages

We may send the following types of text messages:

• Transactional / Informational: Account notifications, appointment confirmations, onboarding information, demo follow-ups, scheduling communications, and customer support messages.
• Promotional / Marketing: Special offers, product announcements, and re-engagement messages. Marketing messages will only be sent if you have separately and explicitly opted in to receive them.

16.3 Message Frequency & Costs

Message frequency varies based on your account activity and preferences. Marketing messages are typically sent 1–5 times per month. Message and data rates may apply depending on your mobile carrier and plan. Front Desk does not charge for sending text messages.

16.4 Opt-Out

You may opt out of receiving text messages at any time by replying STOP to any message from us. You will receive a single confirmation message and no further texts. To re-subscribe, reply START.

16.5 Help

For assistance with our text messaging program, reply HELP to any message or contact us at help@frontdesk.care.

16.6 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. Service is compatible with most major U.S. mobile carriers.

17.1 Notices

We will send you information relating to your account and notices under these Terms in electronic form (e.g., via email to the address provided during registration). You agree that electronic communications satisfy any legal communication requirements. You will send notices under these Terms to Front Desk by email at legal@frontdesk.care.

17.2 Pre-release Features

If any Feature is a beta or pre-release version ("Pre-release Feature"), it is provided as-is and may contain bugs, errors, or other problems. Front Desk may decide never to commercially release the Pre-release Feature or may alter it at any time. Your use of a Pre-release Feature is at your own risk, and all warranty disclaimers and liability limitations in these Terms apply.

17.3 Waiver

The failure of Front Desk to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision will be effective only if in writing and signed by Front Desk.

17.4 Severability

If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

17.5 Assignment

Your rights and obligations under these Terms may not be transferred or assigned by you without the prior written consent of Front Desk, including by change of control, operation of law, merger, or sale of assets. Front Desk may assign its rights and delegate its obligations without restriction.

17.6 Survival

Upon termination, any provision which by its nature or express terms should survive shall survive, including but not limited to Sections 3, 6.1, 8, 9, 10.4, 11, 12, 13, 14, 15, 16, and 17.

17.7 Entire Agreement

These Terms, including any documents or agreements incorporated by reference, together with any Order agreed upon by you and Front Desk, constitutes the entire agreement between you and Front Desk relating to the subject matter herein. These Terms will not be modified except in writing signed by both parties, or by changes made by Front Desk as set forth herein.

17.8 Claims Limitation

YOU AND FRONT DESK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.