Terms of Service

By accessing or using CallDesk's AI-powered phone system and related services (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access our Services.

CallDesk provides an AI-powered virtual receptionist and phone management platform that includes:

• Automated call answering and intelligent routing
• Call recording and AI-powered transcription (optional - you control these settings)
• CRM integration and automated data syncing
• SMS and messaging capabilities
• Appointment scheduling and calendar integration
• Analytics, reporting, and call insights
• Custom workflows and automations

We use AI models from OpenAI (GPT) and Anthropic (Claude) to power our voice assistant. The AI processes call audio in real-time but isn't perfect. You're responsible for reviewing important information.

Which AI Models We Use

Our voice assistant is powered by:

• OpenAI GPT-4 and GPT-5: For natural language understanding and conversation generation
• Anthropic Claude: For advanced reasoning and safety-focused responses
• AI Voice: For real-time voice processing and speech-to-text conversion

How AI Processes Your Data

When a call comes in:

1. Voice audio is sent to our speech-to-text conversion model
2. Text is processed by OpenAI or Anthropic to generate appropriate responses
3. Responses are converted back to speech and played to the caller
4. Full conversation is transcribed and stored in your account

Training Data Policy: We do NOT use your call recordings, transcripts, or business data to train AI models. See our Privacy Policy for full details on AI data processing.

We partner with trusted third-party companies to operate our Services, including our voice assistant, Twilio (telephony), OpenAI and Anthropic (AI models), and Stripe (payments). Each service provider receives only the data necessary to perform their specific function.

For complete details on what data we share with each provider, their security standards, and privacy policies, see the Data Sharing and Third-Party Processors section of our Privacy Policy.

You must be at least 18 years old and provide accurate information. Keep your password secure. You're responsible for anything that happens with your account.

Registration Requirements

To use our Services, you must:

• Be at least 18 years old
• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Use the Services for lawful business purposes only
• Not create multiple accounts or share your account

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at support@24calldesk.com of any unauthorized access or security breach.

Use CallDesk legally and ethically. Don't spam, harass, break laws, or abuse the system. Be respectful to callers and follow telemarketing regulations.

You agree not to use our Services to:

• Violate any laws, regulations, or third-party rights
• Infringe on intellectual property rights
• Transmit spam, unsolicited marketing, or illegal content (see TCPA Compliance below)
• Harass, abuse, threaten, or harm others
• Interfere with or disrupt our Services, servers, or networks
• Attempt to gain unauthorized access to any systems or user accounts
• Use automated systems to scrape or access the Services without permission
• Impersonate any person, entity, or misrepresent your affiliation
• Record calls without proper consent (see Call Recording Compliance below)
• Use the service for fraudulent, deceptive, or misleading purposes

We charge you monthly or annually. If your payment fails, we'll pause your service until it's resolved. You can cancel anytime, but we don't offer refunds for partial months.

Fees and Billing

By subscribing to our Services, you agree to pay all applicable fees:

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law or explicitly stated in our refund policy
• We may change our fees with 30 days' advance notice
• You authorize us to charge your payment method on file
• Failed payments may result in service suspension or termination
• Usage-based charges (per-minute call fees) are billed monthly in arrears

Free Trials

We may offer free trial periods. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends. We'll send you an email reminder before charging your payment method.

Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period. You'll retain access to the service until the end of your paid period.

Call recording and transcription are optional features you can enable or disable at any time. If you choose to enable recording, you're responsible for following call recording laws in your area. Some states require all parties to consent before recording.

If you enable call recording functionality, you are responsible for:

• Complying with all applicable federal, state, and local call recording laws
• Obtaining necessary consent from call participants where required by law
• Providing appropriate notifications about recording practices (e.g., "This call may be recorded")
• Using recorded calls in accordance with privacy laws and regulations
• Understanding and following the consent requirements in your jurisdiction

Call Recording Jurisdiction Guide

Call recording laws vary by state. Use this guide to understand your state's requirements:

If you use CallDesk to make outbound calls or send marketing messages, you must follow telemarketing laws (TCPA). Get consent before calling people, respect Do Not Call lists, and don't spam.

The Telephone Consumer Protection Act (TCPA) regulates telemarketing calls and text messages. If you use our Services for outbound calling or messaging, you must comply with TCPA requirements.

Your Responsibilities

• Obtain prior express written consent before making marketing calls or sending marketing texts using automated systems
• Respect the National Do Not Call Registry and internal do-not-call lists
• Provide clear opt-out mechanisms in all marketing messages
• Identify yourself at the beginning of calls and include callback information
• Call only during permitted hours (8 AM - 9 PM recipient's local time)
• Maintain records of consent and opt-outs for at least 4 years

When TCPA Applies

TCPA rules apply to:

• Marketing/sales calls: Calls promoting products or services
• Automated/prerecorded messages: Calls using AI or recorded voices for marketing
• SMS marketing: Text messages promoting your business

TCPA generally does NOT apply to:

• Calls to existing customers (with some limitations)
• Informational calls (appointment reminders, service updates)
• Calls that are purely transactional (order confirmations, account updates)

By opting in to receive SMS messages from CallDesk, you agree to receive text messages related to our AI phone services. Message and data rates may apply. Reply STOP to cancel at any time.

Types of SMS Messages

CallDesk may send you the following types of SMS messages:

• Transactional alerts: Call notifications, voicemail alerts, appointment confirmations, missed call summaries
• Customer support: Responses to your support inquiries, account updates, service notifications
• Marketing messages: Product updates, new features, promotional offers (only with your explicit consent)

Opt-Out Instructions

You can opt out of receiving SMS messages at any time by:

• Reply STOP: Text "STOP" to any message from CallDesk to unsubscribe from all SMS communications
• Account settings: Manage your SMS preferences in your CallDesk dashboard
• Contact support: Email support@24calldesk.com to request removal

After opting out, you will receive a one-time confirmation message. You will no longer receive SMS messages from us unless you opt in again.

Help and Support

For help with SMS messaging, reply HELP to any message or email us at support@24calldesk.com.

Message Frequency and Rates

• Message frequency: Varies based on your account activity and notification preferences
• Message and data rates: Standard carrier messaging and data rates may apply depending on your mobile plan
• Carrier compatibility: SMS services are available on most major US carriers

Age Requirement

You must be at least 18 years old to subscribe to CallDesk SMS messages. By opting in, you confirm that you are 18 years of age or older.

We own the CallDesk software and technology. You own your business data. You can't copy our platform or use our brand without permission.

Our Rights

CallDesk (Resident Labs, LLC) retains all rights, title, and interest in:

• The Services and underlying technology
• Our trademarks, logos, and branding ("24/7 CallDesk" name and logo)
• All software, algorithms, and AI model configurations
• Documentation, training materials, and marketing content
• Any improvements or derivatives of the Services

Your Rights

You retain full ownership of your business data and content. Your call recordings, transcripts, customer information, and all data you input into the platform belongs to you, not us.

By using our Services, you grant us a limited license to:

• Process and store your data solely to provide the Services to you
• Display your data back to you through the platform interface
• Share data with third-party integrations that you explicitly enable
• Create anonymized, aggregated analytics (e.g., "average call duration") that contains no personally identifiable information or call content

This license ends when you delete your data or close your account.

Our collection, use, and protection of your data is governed by our Privacy Policy. Please review it to understand how we handle your information.

We try our best to keep CallDesk running smoothly, but occasional downtime happens. We provide email support and work to fix issues quickly.

We strive to provide reliable service but do not guarantee:

• Uninterrupted or error-free service
• Specific uptime percentages (unless covered by a separate SLA)
• Compatibility with all devices, browsers, or phone systems
• That the AI will always understand or respond correctly

Customer Support

We provide customer support via:

• Email: support@24calldesk.com (response within 24 hours on business days)
• Documentation: Help center and knowledge base (docs.247calldesk.com)
• Priority support: Available for Max plans

Support hours are Monday-Friday, 9 AM - 6 PM Pacific Time, excluding holidays. We'll do our best to respond quickly to urgent issues outside business hours.

We provide CallDesk as-is without guarantees. We're not liable for lost revenue, missed calls, or indirect damages. Our liability is limited to what you paid us.

Service Disclaimer

Limitation of Liability

If someone sues us because of how you used CallDesk (e.g., illegally recording calls without consent), you're responsible for those legal costs, not us. Use the service legally and ethically.

You agree to indemnify, defend, and hold harmless CallDesk (Resident Labs, LLC), its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your failure to comply with call recording, TCPA, or other applicable regulations
• Content you submit through the Services
• Disputes between you and your customers or callers

Either of us can end this agreement at any time. We may terminate immediately if you violate these Terms. After termination, we'll delete your data after a grace period.

Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by emailing support@24calldesk.com. Cancellation is effective at the end of your billing period.

Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason including:

• Violation of these Terms or Acceptable Use Policy
• Non-payment of fees
• Fraudulent, abusive, or illegal activity
• At our discretion, with or without cause (with 30 days' notice for paid accounts)

Effect of Termination

Upon termination:

• Your right to use the Services immediately ceases
• You have 30 days to export your data (call recordings, transcripts, contacts)
• After 30 days, we may delete your data from our servers (we'll send reminders)
• Paid subscriptions are not refundable upon termination (see Refund Policy above)

If we have a dispute, we'll try to resolve it through negotiation. If that doesn't work, we'll use binding arbitration instead of court. California law applies.

Any disputes arising from these Terms or the Services shall be resolved through:

1. Good faith negotiation: Contact us at support@24calldesk.com to discuss the issue
2. Binding arbitration: If negotiation fails, disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
3. Governing law: These Terms are governed by the laws of the State of California, without regard to conflict of law principles
4. Exception: Either party may seek injunctive relief in court to protect intellectual property rights.
5. Class action waiver: You agree to resolve disputes individually, not as part of a class action or consolidated proceeding.

We may update these Terms occasionally. We'll notify you of major changes via email. Continuing to use the service means you accept the new terms.

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Sending an email to your registered email address
• Posting a notice within the Services
• Updating the "Last updated" date at the top of this page

Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms. If you disagree with the changes, you may cancel your account.

Notice period: We will provide at least 30 days' notice for material changes that affect your rights or obligations.

Standard legal terms: these Terms are the full agreement, you can't transfer your account, and if one part is invalid, the rest still applies.

Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and CallDesk regarding the Services.

Severability

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

Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond their reasonable control (e.g., natural disasters, war, pandemics, labor disputes, government actions).

Questions about these Terms? Email us at support@24calldesk.com or write to us in San Francisco.

For questions, concerns, or feedback about these Terms of Service, please contact us:

Note: For technical support issues with your account, please use the in-app support chat or email us with your account details.