Terms of Service

1. Accepting these terms

By creating an account, checking a box to agree, or using the Service, you agree to these Terms and to the following, which are part of these Terms:

• Our Privacy Policy
• Our Acceptable Use Policy
• Our SMS Terms
• Our Business Associate Agreement (the “BAA”), once accepted, as described in Health information, HIPAA, and the BAA
• Our Referral Terms, if you join our referral program
• Any order form or written agreement you sign with us

If these documents conflict, this order controls: a signed written agreement, then the BAA (for protected health information), then these Terms, then the other policies.

If you accept on behalf of a business, you confirm that you have authority to bind that business, and “you” means the business. If you don’t agree, don’t use the Service.

2. Key terms

• Authorized users are the people you let use your account, such as your team members.
• Callers are people who call, text, book with, or send documents to your business through the Service, or whom you contact through it.
• Customer Data is the information the Service handles for you, including your business information, caller information, call audio, recordings, transcripts, Talk Notes, texts, contacts, appointments, and documents.
• PHI means protected health information as defined by HIPAA.
• Talk Notes are the AI-written call summaries the Service sends after calls. Talk Time is the minutes the AI spends on calls. Calls that ring your own phones (while your receptionist is paused or set to ring you first) are not Talk Time. Talk Back is the missed-call text back feature.

3. The Service

FrontDesk Talk is an AI receptionist for businesses. Depending on your plan, the Service can:

• Answer your business calls 24/7 in English and Spanish
• Answer common questions using information you provide
• Take messages and transfer urgent calls to you or your team
• Send Talk Notes by text, email, and mobile push notification
• Keep contacts, an inbox, and reports for your team in the web and mobile apps
• Book appointments into Google Calendar or Outlook (Real Talk plan and up)
• Send missed-call text backs (Talk Back) and handle two-way texting (Real Talk plan and up)
• Keep call transcripts (every plan) and call recordings (Real Talk plan and up)
• Send callers a private link to upload documents (Real Talk plan and up)
• Run outbound call campaigns and use a custom AI voice (Big Talk plan, coming soon and not yet available)

We may improve, change, or retire features over time. If we remove a core feature of your paid plan, we will give you notice and you may cancel. FrontDesk Talk is a receptionist and messaging service. It is not an electronic health record, a clinical system, a medical device, or an emergency service.

4. Who can use FrontDesk Talk

The Service is for businesses located in the United States. You must be at least 18 years old and able to form a binding contract. The Service is for business use, not personal, family, or household use.

5. Your account and your team

You must give accurate, complete information when you sign up and keep it current. You are responsible for everything that happens under your account, including activity by authorized users you invite, and for their compliance with these Terms.

The account owner controls the account, including who is on the team, what role each person has, billing, and notification settings. Give each person only the access they need, and remove people promptly when they no longer need access. Keep your login details secure, don’t share accounts, and tell us right away at help@frontdesk.talk if you think someone has accessed your account without permission.

6. Plans, billing, and minutes

Free account, then paid to go live

Creating a FrontDesk Talk account is free. You can set up your receptionist and hear it on a test call before you pay anything. Your receptionist starts answering your business calls only after you subscribe to a paid plan to go live.

There is no free trial of the live Service. Small Talk, Real Talk, and Big Talk are billed from the day you pay, and your first billing period starts that day.

Plans

Current prices and features are shown on our pricing page and at checkout. The price you agree to at checkout applies until changed as described below.

First-month discount

If your business has never paid for FrontDesk Talk and you choose monthly billing, your first monthly payment is discounted: $50 off Small Talk (you pay $49), $100 off Real Talk ($99), or $150 off Big Talk ($249). Every later month is billed at the full monthly price. The discount applies once per business, is not available on yearly plans, and can’t be combined with promotion codes. If it can’t be applied, checkout shows the full price before you pay. We may change or end this offer for new subscriptions at any time; the amount shown at checkout is the amount you pay.

Talk Time and overage

Included minutes of AI call time (Talk Time) are counted for the time the AI spends on calls (inbound, outbound, and transfers while the AI is on the line). Each minute beyond your plan’s included minutes costs $0.45 and is billed at the end of the billing period in which it is used. Unused minutes do not roll over to the next period.

Calls to your own phones (fair use)

Calls that ring your own phones (while your receptionist is paused, or when you set it to ring you first) do not use Talk Time and have no per-minute charge. This is meant for the normal calls of your own business: one call can stay connected for up to 4 hours, and calls ring only US phone numbers. It may not be used to run a call center for others, to resell calling, for autodialing or bulk calling, or to keep lines open without a conversation. We review accounts with unusually heavy use (for example, more than 3,000 minutes of these calls in a month). If your use goes beyond fair use, we will contact you first and may ask you to change how you use it, move you to a plan or quote that fits, or limit these calls.

Yearly plans

Yearly plans cost the yearly price shown at checkout: 10 times the monthly price for Small Talk and Real Talk (two months free, $990 and $1,990 a year) and 11 times the monthly price for Big Talk (one month free, $4,389 a year). They are paid upfront for the full year. Included minutes are provided each month of the year, and overage is billed as it is used.

Automatic renewal

Your subscription renews automatically at the end of each billing period (monthly or yearly) and we will charge your payment method on file for the next period unless you cancel before the renewal date. For yearly plans, we will email you a reminder before renewal where required by law.

Upgrades and downgrades

Upgrades take effect immediately, and you are charged a prorated amount for the rest of the current period. Downgrades take effect at the start of your next billing period. Features that aren’t on your new plan, such as recordings, stop when the downgrade takes effect.

Payments and taxes

Payments are processed by Stripe. You authorize us to charge your payment method for all fees, overage, and taxes. Prices do not include taxes. You are responsible for any sales, use, or similar taxes, other than taxes on our income.

Failed payments

If a payment fails, we will notify you and retry. If the balance is still unpaid after a reasonable grace period, we may limit or suspend the Service until it is paid. Suspended accounts stop answering calls, so please keep your payment details current.

Price changes

We may change prices. We will give you at least 30 days’ notice by email before a price change applies to you, and the new price starts with your next billing period after the notice period. If you don’t agree, you can cancel before the change takes effect.

7. Cancellation and refunds

Plans are month to month (or year to year for yearly plans), with no long-term contract. You can cancel any time in your account settings or by contacting us.

Cancellation takes effect at the end of your current paid period. The Service keeps working until then. We don’t give refunds or credits for partial periods, unused minutes, or unused time on a yearly plan, except under the money-back guarantee or where the law requires it.

Before your service ends, make sure your calls are routed somewhere else (for example, turn off call forwarding or port your number out) so you don’t miss calls. Canceling does not delete your data. See Your data.

8. Money-back guarantee

If the Service isn’t the right fit, you can ask for a full refund of your first payment. The guarantee applies only when all of these are true:

• It is your first payment for the Service. Renewals and later payments are not covered.
• The business has not had a money-back refund before. The guarantee applies once per business.
• You ask within 14 days of your first payment.
• Your account has used under 60 minutes of Talk Time. The free demo call and the test call during setup do not count toward those minutes.

To ask, the account owner can request the refund in the FrontDesk Talk app under Billing, or email help@frontdesk.talk.

We refund the full amount of your first payment to the original payment method. When the refund is made, your plan is canceled right away, not at the end of the period, and the Service stops answering calls. Before you ask, make sure your calls are routed somewhere else (for example, turn off call forwarding) so you don’t miss calls. Your bank may take several business days to show the refund.

9. Free demo call

Our website lets you request a demo call. By entering your phone number and requesting a demo, you agree to receive one AI-powered call from FrontDesk Talk at that number. The demo call is processed by our voice AI provider and may be transcribed. Requesting a demo does not sign you up for marketing texts unless you check the separate box for them. Only enter a number you own or are authorized to use, and please don’t share health information or other sensitive details on a demo call. The demo is provided as-is and may be changed or stopped at any time.

10. Health information, HIPAA, and the BAA

Callers may share health information with your receptionist. FrontDesk Talk is built to handle it with HIPAA safeguards.

The BAA

You accept our Business Associate Agreement when your account is created, by checking the box agreeing to the BAA, these Terms, and our Privacy Policy. That is your electronic signature, and the person who checks it confirms they are authorized to accept it for your business. The BAA is formed when it is accepted, and is then part of these Terms. It applies if you are a HIPAA covered entity, or a business associate of one. We record the version, time, person, business, IP address, and device used, and Settings shows who accepted it. If we change the BAA, an account owner accepts the new version in the app. You can ask us for a countersigned copy at help@frontdesk.talk. You are responsible for deciding whether HIPAA applies to you. If it does, you must not use the Service for PHI until the BAA is in effect.

The health information question and protective notifications

After setup, the app asks whether callers may share health information with your receptionist. Until you answer, and whenever you answer yes, texts, emails, and push notifications about calls, texts, and documents leave out caller names, numbers, call summaries, intake answers, and text message words, and the details are only in the app. If you answer no, notifications include caller details. If you keep your answer yes but turn on Email the answers that aren’t health details for your call intake, Talk Note emails include the caller’s name and number, the reason for the call, and the intake answers you haven’t marked as health details. Answers you mark as health details, call summaries, and Social Security numbers stay in the app. You decide which questions are health details. You must answer accurately and keep your answer current. Don’t answer no if your callers may share health information, including when you are not covered by HIPAA. You are responsible for what notifications include because of your answer and your settings, including any health information in answers you didn’t mark as health details, and for the security of the email accounts, phones, and devices they go to. To the extent the law allows, we are not responsible for a disclosure that results from an inaccurate answer or from settings you chose.

Your HIPAA responsibilities

• Keep your own HIPAA program, including your Notice of Privacy Practices, your policies for communicating with patients, and your own risk analysis that covers how you use the Service.
• Don’t put PHI in your greeting, business information, FAQs, or instructions to the receptionist.
• Connect only calendars that are covered by your own BAA with that provider, where HIPAA requires one.
• Don’t use the Service to store psychotherapy notes or substance use disorder records protected by 42 C.F.R. Part 2 unless we agree in writing first.
• Manage your authorized users’ access, and the security of the devices they use.

Health information when HIPAA doesn’t apply

If you are not covered by HIPAA but your callers share health information (for example, a gym, a salon, or a spa), state consumer health data laws such as Washington’s My Health My Data Act may apply to you. You are responsible for meeting them, including any notice and consent they require. We process that information only on your instructions, as described in our Privacy Policy.

Need EHR connections?

FrontDesk Talk doesn’t connect to electronic health records or provide clinical tools. Practices that need them should look at FrontDesk Care, which is operated by a separate company.

11. Your responsibilities

You agree to:

• Give the AI accurate, up-to-date information about your business, and review your settings, greetings, answers, and urgent-call rules. The AI relies on what you give it.
• Review Talk Notes, transcripts, messages, and bookings, and follow up with callers on anything important.
• Give any required call-recording and AI notices and get any required consent, as described in Call recording, AI disclosure, and consent.
• Get and keep any consent required for texts and outbound calls you initiate or set up through the Service, as described in Texts and outbound calls, our SMS Terms, and our Acceptable Use Policy.
• Handle your callers’ information lawfully, give them any privacy notices the law requires, and respond to their privacy requests. We process Customer Data on your behalf, as described in our Privacy Policy.
• Have every right and consent needed for us to process Customer Data as these Terms describe, and not give us data you aren’t allowed to share.
• Ask callers for a Social Security number only with the call intake’s Social Security number question, which stores it encrypted, shows it masked, and logs each time someone reveals it. Have a lawful reason to collect it, and limit who on your team can see it. Don’t set up the AI to ask for Social Security numbers any other way, or for full card or bank account numbers, passwords, or government ID numbers. Use the private upload link for documents instead.
• Use the Service lawfully and follow the Acceptable Use Policy.
• Keep the phone numbers you give us for transfers and notifications reachable and correct.
• Keep your own copies of anything you need for your records, such as patient charts or legal files.

12. Call recording, AI disclosure, and consent

Every call the receptionist answers is processed by AI and transcribed, and on Real Talk and Big Talk it is recorded. Many states, including California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington, require the consent of everyone on a call before it is recorded, and some laws may treat AI processing of a call as recording or listening in. Other laws may require you to tell callers they are talking with AI.

You are solely responsible for knowing and following the call-recording, wiretap, eavesdropping, AI disclosure, and privacy laws that apply to your calls, including giving any required notice (for example, in your greeting) and getting any required consent. We provide tools such as a custom greeting as a convenience. They are not legal advice, and we don’t promise that any default setting meets the law where you or your callers are.

The AI tells callers it is an AI assistant when asked. You must not set it up to claim it is a person.

13. Texts and outbound calls (TCPA)

If you use the Service to send texts or place outbound calls (including missed-call text backs, reminders, upload links, two-way texts, and AI-voice campaigns), these terms apply. As between you and us, you are the “caller” and “sender” of those communications and are responsible for their lawfulness. This allocation is a contract between you and us and does not limit the rights of the people you contact.

• Consent. Before contacting anyone, you must have every consent the law requires, including prior express consent and, where required (for example, for marketing, or for calls using an artificial or AI-generated voice), prior express written consent, under the Telephone Consumer Protection Act (TCPA), FCC rules (including the FCC’s treatment of AI-generated voices as “artificial” voices), the Telemarketing Sales Rule, and state law. You must keep records of consent.
• Do Not Call and opt-outs. You must honor opt-outs right away, scrub against the National Do Not Call Registry and state lists where required, keep your own internal do-not-call list, and not work around the Service’s opt-out handling.
• Calling hours and frequency. Contact people only during legally permitted hours (generally 8:00 a.m. to 9:00 p.m. in the recipient’s local time, and narrower where state law requires) and within any limits on how often you may contact them.
• Identification. Identify your business, disclose the AI on outbound AI-voice calls, and use only caller ID you are authorized to use.
• Lists. Contact only numbers you obtained lawfully, never purchased, rented, or scraped lists, and remove wrong or reassigned numbers.
• Health information in texts. Texts are not a secure channel. Keep health details out of texts you send unless the patient asked to be contacted that way and your own policies allow it.

Our safeguards (such as automatic STOP handling) are provided as-is, do not guarantee compliance, and are not legal advice. Your indemnity obligations cover claims by people you call or text.

14. AI limitations, advice, and emergencies

FrontDesk Talk uses artificial intelligence. It is good at conversations, but it is not perfect. The AI may mishear callers, misunderstand requests, give incomplete or incorrect answers, book the wrong time, miss that a call is urgent, or write Talk Notes and transcripts that contain errors, including errors in names, numbers, medications, and other health details. Please review important information and confirm it with the caller before relying on it.

No medical or professional advice. The AI does not provide medical, legal, financial, tax, insurance, or other professional advice, even if your business does. It does not diagnose, triage, recommend treatment, or decide whether something is an emergency. Anything it says is general information based on what you provided. It can take health-related messages and ask your intake questions, and it passes them to you. You must not set it up to give medical advice or make clinical decisions, and you remain responsible for all care and professional services you provide.

FrontDesk Talk is not a 911 or emergency service. It cannot dispatch police, fire, ambulance, crisis, or any other emergency help, and callers should not rely on it in an emergency. If a caller describes an emergency, the AI is designed to tell them to hang up and call 911, but it may not always recognize one. If your callers may have emergencies (for example, medical or mental health crises), your greeting and after-hours plan must tell them what to do, such as calling 911 or 988.

Urgent call transfers only work if the number you gave us is reachable and someone answers. Transfers can also fail because of carrier issues, network outages, or problems outside our control. We are not responsible for calls that could not be transferred or answered.

15. Talk Notes and alerts

Talk Notes and alerts go to the phone numbers, email addresses, and team members you choose, by text, email, and push notification. Unless you have told us your callers don’t share health information, they leave out caller details: a Talk Note says only that a new or urgent call came in and how long it was, with a link to the app; a push about a text says to open the app to read it; and a document notice says only that a client sent documents. If you answered no, they include the caller’s name, number, and a summary, as described in Health information, HIPAA, and the BAA.

You are responsible for choosing recipients and channels and keeping them current. Text, email, and push delivery depend on carriers and other providers and are not guaranteed. Don’t rely on Talk Notes as your only record of a call: the app has the full record.

16. Phone numbers, forwarding, and porting

You can forward your existing business number to a FrontDesk Talk number, port your number to us, or use a new number we provide.

• Forwarding. You stay with your current carrier and control forwarding. Your carrier’s charges and forwarding rules still apply.
• Ported numbers. You keep ownership of any number you port to us. Porting depends on your carrier and can take time. We are not responsible for delays or rejections caused by carriers or by inaccurate port information.
• Numbers we provide. Numbers we assign to you are provided through our telephony partners and are not your property, but you may ask to port one out while your account is in good standing.
• When you leave. If you cancel, we will release a ported number to your new carrier on request, subject to carrier rules and payment of any amounts you owe. Please start your port-out before your service ends. Numbers not ported out within a reasonable time after your account closes (at least 30 days) may be released back to the carrier.

Texting from your number requires carrier registration (10DLC or toll-free verification). You agree to give accurate information for that registration. Carriers may reject, filter, or delay messages, and registration fees may apply.

17. Third-party services

The Service works with third-party services such as Google Calendar, Microsoft Outlook, Apple and Google sign-in, phone carriers, and payment processors. Your use of those services is governed by their own terms. We are not responsible for third-party services, their availability, or changes they make that affect the Service. You can disconnect an integration at any time.

When you connect your own account with another company (such as your calendar), information you direct us to send there is handled under your agreement with that company, including any BAA you need with it.

18. Mobile app

We give you a limited, non-transferable right to install and use the FrontDesk Talk mobile app on devices you own or control, only to use the Service under these Terms. If you got the app from Apple’s App Store:

• These Terms are between you and FrontDesk Talk, not Apple, and we, not Apple, are responsible for the app and its content.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to meet a warranty that applies, you may notify Apple and Apple will refund the purchase price, if any. Apple has no other warranty obligation for the app.
• Apple is not responsible for any claims relating to the app, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and consumer protection or privacy claims.
• Apple is not responsible for investigating or defending a claim that the app infringes someone’s intellectual property.
• You confirm you are not located in a country subject to a US government embargo or on a US government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as they relate to the app.

If you told us your callers don’t share health information, push notifications can show caller details on your lock screen. You are responsible for the settings and security of the devices you and your team use.

19. Our intellectual property

We own the Service, our website, software, AI configurations, designs, and the FrontDesk Talk name and logos. During your subscription, we give you a limited, non-exclusive, non-transferable right to use the Service for your business, subject to these Terms.

You may not copy, modify, reverse engineer, resell, or build a competing product from the Service, except as the law allows. If you send us feedback or ideas, we may use them without any obligation to you.

20. Your data

Ownership and license

As between you and us, you own Customer Data. You give us a limited license to host, copy, process, transmit, and display Customer Data only as needed to provide, secure, support, and improve the Service for you, as described in our Privacy Policy and, for PHI, the BAA. For Customer Data, we act as your service provider, processor, and (where HIPAA applies) business associate.

What we will and won’t do with it

• We use Customer Data only to provide the Service to you, as you direct, and as the law requires.
• We don’t sell Customer Data, and we don’t use it for advertising or marketing.
• We don’t use call content, Customer Data, or PHI to train AI models, ours or anyone else’s.
• We may use aggregated, de-identified data that does not identify you or any caller to measure and improve the Service. For PHI, we de-identify only as HIPAA allows.
• We use service providers (listed in our Privacy Policy) to run the Service. We require them to protect Customer Data and to use it only to provide their services to us, and we require a business associate agreement from those that handle PHI. We are responsible for their performance of our obligations to you.

Security and incidents

We use administrative, technical, and physical safeguards designed to protect Customer Data, as described on our Security page. If we discover a security incident that affects your Customer Data, we will notify you without undue delay, and within any time the law or the BAA requires, and give you the information you reasonably need to meet your own obligations.

Access, export, and deletion

You can view your Customer Data in the app while your account is active, and you can ask us for a copy. Canceling your plan does not delete your data: we keep it so you can come back, except that client documents are deleted 90 days after your account stops being active. The account owner can delete the account and its Customer Data at any time in the app, or ask us to. When an account is deleted, we delete Customer Data from our database right away, and copies held by our providers and in backups are deleted on their schedules. We may keep billing records and anything the law requires us to keep. For PHI, the BAA controls. Deleted data can’t be recovered, so download anything you need first.

21. Confidentiality

Each of us may receive non-public information from the other. We each agree to use the other’s confidential information only to perform under these Terms, protect it with reasonable care, and not disclose it except to people who need to know it and are bound to keep it confidential, or when the law requires. This does not cover information that is public, already known, independently developed, or received from someone else without a confidentiality obligation. Customer Data is also protected by the Your data section and, for PHI, the BAA.

22. Pre-release features

We may offer features marked beta, preview, or early access. They may not work as expected, may change or stop without notice, and are provided as-is. Don’t rely on them for critical calls.

23. Warranty disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT EVERY CALL OR MESSAGE WILL BE ANSWERED, DELIVERED, TRANSFERRED, OR HANDLED CORRECTLY, THAT AI OUTPUT, TRANSCRIPTS, OR TALK NOTES WILL BE ACCURATE OR COMPLETE, OR THAT THE SERVICE OR ITS DEFAULT SETTINGS MEET THE LEGAL REQUIREMENTS THAT APPLY TO YOU. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT OR FOR EMERGENCY SERVICES.

24. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, FRONTDESK TALK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, CUSTOMERS, GOODWILL, OR DATA, INCLUDING FROM MISSED, DROPPED, MISROUTED, OR MISHANDLED CALLS OR MESSAGES, OR FROM ANY CARE, ADVICE, OR SERVICES YOU OR YOUR STAFF PROVIDE, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

OUR TOTAL LIABILITY FOR ALL CLAIMS COMBINED RELATING TO THE SERVICE, THESE TERMS, OR THE BAA, INCLUDING ANY INDEMNITY, WILL NOT EXCEED THE LESSER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE FIRST CLAIM, OR (B) $1,200. THIS IS A TOTAL FOR ALL CLAIMS, NOT A LIMIT PER CLAIM OR PER INCIDENT, AND MORE THAN ONE CLAIM WILL NOT RAISE IT.

These limits apply to every theory of liability and survive the end of these Terms. They do not limit liability that the law does not allow to be limited. Some states do not allow certain limits on liability, so some of these limits may not apply to you.

25. Indemnity

You will defend, indemnify, and hold harmless FrontDesk Talk and its members, managers, officers, employees, and agents from any claims, losses, fines, penalties, and expenses (including reasonable attorneys’ fees) arising from: your use of the Service; your Customer Data; your texts and outbound calls, including claims under the Telephone Consumer Protection Act, Telemarketing Sales Rule, or state telemarketing laws; your failure to give required notices or get required consent, including for call recording and AI processing; your violation of HIPAA, state health privacy laws, or the BAA; the care, advice, or services you provide to your callers; the settings, recipients, and connected accounts you choose; or your violation of these Terms or the law.

26. Suspension and termination

We may suspend or end your access to the Service, with notice where practical, if you break these Terms, the Acceptable Use Policy, or the BAA, don’t pay, create a security or legal risk, receive carrier complaints or blocks, or if required by law or a carrier. We will try to give you a chance to fix the problem first unless the issue is serious or urgent. A suspended account stops answering calls.

When the Service ends, your right to use it stops. Your data is handled as described in Your data and, for PHI, the BAA. Sections that by their nature should survive (including fees owed, Your data, Confidentiality, disclaimers, Limitation of liability, Indemnity, and Disputes) will survive.

27. Disputes, arbitration, and class action waiver

Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules, and by the Federal Arbitration Act. For any matter that is not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas.

Informal resolution first

Before starting arbitration or a lawsuit, the party with the claim must send the other a written notice describing the claim and the relief requested. Send notices to us at help@frontdesk.talk and 17350 State Hwy 249, Ste 220, Houston, TX 77064. We will send notices to the email on your account. Both sides will try in good faith to resolve the dispute for 30 days after the notice is received.

Binding individual arbitration

If we can’t resolve it, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Dallas County, Texas, or by video if both sides agree. A single arbitrator will decide the dispute, and judgment on the award may be entered in any court with jurisdiction.

Class action waiver

You and we each agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not combine claims of more than one party or preside over any class or representative proceeding. If this waiver is found unenforceable for a claim, that claim must be decided in court, not arbitration.

Exceptions

Either side may bring an individual claim in small claims court if it qualifies. Either side may also ask a court for an injunction to protect intellectual property or confidential information, or to stop unauthorized use of the Service.

Time limit for claims

To the extent the law allows, any claim relating to these Terms or the Service must be started within one year after it arises, or it is permanently barred.

Opting out

You can opt out of this arbitration agreement by emailing help@frontdesk.talk within 30 days after you first accept these Terms. Include your name, business name, account email, and a clear statement that you are opting out of arbitration. Opting out does not affect any other part of these Terms.

28. Changes to these terms

We may update these Terms, the policies they include, and the BAA. We will change the “last updated” date and, for material changes, notify you by email or in the app at least 30 days before they take effect, unless a change is needed sooner to meet the law. If you keep using the Service after the effective date, you accept the updated Terms. If you don’t agree, cancel before then. Changes to the Disputes section will not apply to disputes already pending.

29. General terms

• Entire agreement. These Terms and the documents they include are the whole agreement between us about the Service.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them in a merger, acquisition, or sale of assets.
• Severability. If any part is found unenforceable, the rest stays in effect.
• No waiver. Not enforcing a right is not a waiver of it.
• Force majeure. We are not responsible for delays or failures caused by events outside our reasonable control, including carrier or network outages, power failures, natural disasters, and outages at our providers.
• Independent parties. We are independent contractors. Nothing here creates a partnership, joint venture, employment, or agency relationship.
• Electronic notices. You agree that we may give notices electronically, by email to the account owner or in the app, and that they meet any requirement that notices be in writing. Notices to us go to help@frontdesk.talk.
• Export and sanctions. You will not use the Service in violation of US export or sanctions laws.

30. Contact us

FrontDesk Talk, LLC
17350 State Hwy 249, Ste 220, Houston, TX 77064
Email: help@frontdesk.talk
Phone: (775) 618-0007

Or use our contact page.