Terms of Service

1. Acceptance of Terms

By creating an account, booking an appointment, or otherwise using the Service, you confirm that you have read, understood, and agree to these Terms and to our Privacy Policy, which is incorporated by reference. We may update these Terms from time to time; continued use after changes take effect constitutes acceptance of the updated Terms.

2. Description of the Service

Desk provides software that helps small businesses manage appointments, accept payments, store client information, and offer online self-booking to their customers. Desk provides the tools; the businesses that use Desk are solely responsible for the services they offer and deliver to their own customers.

3. Accounts and Responsibilities

To use certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information;
• Keep your login credentials confidential and secure, and not share them with others;
• Take responsibility for all activity that occurs under your account;
• Notify us promptly at legal@deskapp.pro of any unauthorized use or security breach.

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account and use the Service.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right;
• Send unlawful, harassing, deceptive, or unsolicited communications, including SMS or email sent without the recipient’s consent;
• Upload or transmit malware, or attempt to disrupt, overload, or gain unauthorized access to the Service or its infrastructure;
• Reverse engineer, scrape, or copy the Service except as permitted by law;
• Use the Service to process payments for prohibited or illegal goods or services, or in violation of Stripe’s terms;
• Infringe the intellectual property or privacy rights of others, or misuse the personal information of any client.

Businesses that use Desk are responsible for obtaining any consent required to contact their customers and for complying with all applicable messaging, privacy, and consumer-protection laws.

5. Payments

Payments made through the Service are processed by Stripe, Inc., our third-party payment processor. By making or accepting payments through Desk, you agree to Stripe’s applicable terms and policies. Desk does not store full payment card numbers.

• For businesses: you are responsible for setting your prices, honoring bookings, and handling refunds, disputes, and chargebacks with your customers in accordance with your own policies and applicable law.
• For customers: charges, deposits, cancellation terms, and refunds for a booked service are set by the business you book with, not by Desk.
• Any subscription fees payable to Desk for use of the Service will be disclosed at sign-up and are due according to the billing terms presented at that time.

Desk is not a party to the transaction between a business and its customers and is not responsible for the underlying goods or services.

6. SMS and Electronic Communications

The Service may send transactional messages, including appointment reminders and booking notifications, by SMS and email. Message frequency varies, and message and data rates may apply. You can opt out of SMS at any time by replying STOP, or reply HELP for assistance. Consent to receive SMS messages is not a condition of purchase. For full details, see our Privacy Policy.

7. Intellectual Property

The Service, including its software, design, text, and branding, is owned by Desk App, LLC and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. You retain ownership of the content and data you submit, and you grant us a license to use it as necessary to provide the Service.

8. Disclaimer of Warranties

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected.

9. Limitation of Liability

You use the Service entirely at your own risk. To the fullest extent permitted by applicable law, Desk App, LLC and its members, officers, employees, agents, and suppliers will not be liable to you or to any third party for any damages of any kind — whether direct, indirect, incidental, special, consequential, exemplary, or punitive, and including any loss of profits, revenue, data, goodwill, business, or appointments — arising out of or relating to the Service, these Terms, or your use of (or inability to use) the Service, regardless of the legal theory (whether warranty, contract, tort, negligence, strict liability, statute, or otherwise) and even if we have been advised of the possibility of such damages.

Your sole and exclusive remedy for any dissatisfaction with, or harm arising from, the Service is to stop using it.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions may not apply to you. In any such case, and only to the extent an exclusion of liability is not permitted by applicable law, the total aggregate liability of Desk App, LLC for all claims relating to the Service will not exceed the lesser of (a) the amount you paid to Desk for the Service in the three months preceding the claim, or (b) fifty U.S. dollars (US$50).

10. Indemnification

You agree to indemnify and hold harmless Desk App, LLC and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the Service, your content, your services provided to customers, or your violation of these Terms or applicable law.

11. Termination

You may stop using the Service at any time. We may suspend or terminate your access to the Service, with or without notice, if you violate these Terms or if we reasonably believe your use poses a risk to the Service, other users, or third parties. Upon termination, the provisions of these Terms that by their nature should survive — including ownership, disclaimers, limitations of liability, and governing law — will continue to apply.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the state and federal courts located in King County, Washington, and you consent to personal jurisdiction and venue in those courts, except where prohibited by applicable law.

13. Contact Us

If you have questions about these Terms, contact:

Desk App, LLC
Email: legal@deskapp.pro