Terms & Conditions
Welcome to Front Desk, provided by Front Desk Care and its subsidiaries, affiliates, and other related entities (“Front Desk,” “we,” “our,” or “us”).
These Front Desk Terms of Service (“Terms” or “Agreement”) govern your use of our software applications, architecture, and platform (the “Software”) and systems and data facilities (the “Network”), as well as any other websites, subdomains, or services owned or controlled by Front Desk that provide you with access to the Software, Network, and Mobile App (as defined below), if downloaded by you (collectively, the “Service”). To access the Service, you must at all times agree to and abide by these Terms.
These Terms constitute a legal contract between you, the representative who is authorized to legally bind a single company, organization, or entity (“you” or “Subscriber”) and Front Desk regarding your use of the Service. For purposes of these Terms, “you” or “Subscriber” also refer to the Subscriber’s end users of the Service.
Please carefully read these Terms. By executing an Order (as defined below) for the Service, you signify that you have read, understood, and agree to be bound by the Terms, which hereby incorporate the following:
- The provisions of these Terms of Service;
- The Business Associate Agreement (the “BAA”), Data Processing Addendum (“DPA”), or other such agreement that you and Front Desk have agreed to in writing;
- The quotation, pricing sheet, or service agreement that has been issued by Front Desk to you (hereinafter referred to as the “Order”);
- The Front Desk Privacy Policy (the “Privacy Policy”); and
- Any additional guidelines and any future modification to any of the foregoing that may be issued by Front Desk from time to time.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
License Grant
Subject to the terms and conditions of these Terms, Front Desk hereby grants to you a limited, personal, non-transferable and revocable license to access and use the Service in the manner contemplated by these Terms solely for your internal business purposes. You have no right to sub-license or resell the Service or any component thereof. By using the services you agree and acknowledge that your business purposes operate within the purposes and uses approved by Front Desk.
The Front Desk Service and Features
Subject to these Terms, we agree to provide the Service. Front Desk has no obligation to provide any services or perform any tasks not specifically set forth in these Terms, including any applicable Order. Pursuant to your Order, the Service consists of integrated software features (each a “Feature” and collectively, “Features”) that enable you to engage in various communication, management, and other business activities. These may include, but are not limited to: AI Voice Agents, automated scheduling, phone systems, text messaging, and practice analytics.
- Front Desk AI Voice: If you use the Front Desk AI Voice feature, you acknowledge that the Service utilizes artificial intelligence to handle communications and agree to be bound by any specific AI Voice Terms provided at the time of order.
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- Telephony/VoIP: If you use Front Desk for Voice over Internet Protocol (“VoIP”) Service, you agree to be bound by applicable VoIP Service Terms.
If any provision of these Terms expressly conflicts with any provision of a specific Feature’s Terms and Conditions, the conflicting terms in the Feature Terms and Conditions will control. If your Order conflicts with these Terms, your Order shall govern.
Third-Party Provider Agreements
In addition to these Terms, your relationship(s) with any of our third-party providers (e.g., underlying carrier networks, payment processors) will be subject to separate terms and conditions applicable to each specific third-party provider. FRONT DESK MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER IN RELATION TO THIRD-PARTY PRODUCTS AND SERVICES.
Modification of the Terms
Front Desk reserves the right, at its sole discretion, to change, supplement or remove all or part of these Terms at any time. You agree to review these Terms periodically for changes. When we change the Terms in a material manner, we will update the “last modified” date at the top of this page. Your continued use of the Service following any revision to these Terms will mean you accept all of the updated terms and conditions.
Support
Front Desk makes available support services via email at help@frontdesk.care. Front Desk’s ability to deliver the Service will depend on your reasonable and timely cooperation and the accuracy and completeness of any information from you needed to deliver the Service.
Data Processing and Subscriber Data
The Service allows you to submit, store, and access certain business data and other information related to you, your customers or patients (“Customers”), or your business, including personal data (collectively, “Subscriber Data”).
- Ownership: You and Front Desk agree that, as between Subscriber and Front Desk, you are the owner and controller of all Subscriber Data, and Front Desk is the processor of the Subscriber Data.
- License Grant: You grant Front Desk 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 will have the right to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated Subscriber Data (including for the training of AI models).
- AI Usage: Front Desk may use Subscriber Data in the development and maintenance of Artificial Intelligence (“AI”) tools and services. Any such use for AI tools will be consistent with all applicable data privacy laws and Front Desk’s BAA, DPA, and Privacy Policy.
Subscriber Obligations
- Compliance with Laws: You are solely responsible for, and agree to use the Front Desk 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), and all applicable laws concerning privacy, telecommunications, and call recording.
- Consents: You represent and warrant that you have obtained from the Customers/Patients that you contact through the Service all consents required under Applicable Law (including consent to be spoken to by an AI agent, if required by local law).
- Account Security: You are responsible for maintaining the confidentiality of your Account username and password.
Suspension of Service
Front Desk reserves the right to suspend all or any part of the Service immediately without notice if Front Desk reasonably believes you are in violation of these Terms, or if your usage patterns suggest illegal activity or abuse of the AI system.
Payment Terms
- Fees: You agree to pay the subscription fees as set forth in your Order.
- Automatic Renewal: You consent to automatic renewal of the Service every month or such other Term as is stated in your Order.
- No Refunds: All fees and charges are nonrefundable, except as expressly set forth herein or required by Applicable Law.
Term; Termination
- Termination for Convenience: Either party may terminate these Terms upon thirty (30) days’ advance written notice. However, any active Order with a stated Term will remain in effect until the end of that Term.
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- Return of Data: Upon termination, Front Desk may retain Subscriber Data necessary for legal responsibilities or BAA compliance. Upon written request within 30 days of termination, Front Desk will make Subscriber Data available to you, subject to technical feasibility.
Confidentiality
Each party agrees to protect the Confidential Information of the other party with at least reasonable care. This includes technical know-how, business processes, and patient data.
Warranty; Disclaimer
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. FRONT DESK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FRONT DESK DOES NOT WARRANT THAT THE AI VOICE AGENT WILL BE ERROR-FREE, THAT IT WILL ALWAYS UNDERSTAND CALLER INTENT CORRECTLY, OR THAT THE SERVICE WILL BE UNINTERRUPTED.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FRONT DESK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE TOTAL AGGREGATE LIABILITY OF FRONT DESK SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM OR $10,000, WHICHEVER IS GREATER.
Indemnification
You agree to defend, indemnify and hold harmless Front Desk from any claims, damages, or expenses arising from: (a) your breach of these Terms; (b) your violation of Applicable Law (including HIPAA or TCPA); or (c) any claim related to your Subscriber Data.
Governing Law; Arbitration
- Governing Law: These Terms shall be governed and interpreted under the laws of the State of Texas, without respect to its conflict of laws principles.
- Arbitration: Any dispute arising out of these Terms or the Service shall be resolved by binding arbitration. The arbitration will be conducted in Dallas County, Texas (or another mutually agreed location in Texas), unless you and Front Desk agree otherwise.
- Class Action Waiver: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION.
Supplied Equipment (If Applicable)
If Front Desk provides hardware (such as VoIP phones) to the Subscriber, the following applies: Supplied Equipment is the property of Front Desk ("Leased Equipment") unless purchased outright. You agree to return Leased Equipment upon termination of Service. Failure to return equipment may result in an Unreturned Equipment Fee.
Miscellaneous
- Notices: Notices to Front Desk should be sent to help@frontdesk.care
- Severability: If any provision of these Terms is held to be unenforceable, that provision will be limited to the minimum extent necessary and the remaining provisions will remain in full force.
- Entire Agreement: These Terms, together with any Order and BAA, constitute the entire agreement between you and Front Desk.