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Terms of Service

Last updated: April 11, 2025

1. Agreement

These Terms of Service ("Terms") constitute a binding legal agreement between you ("Client") and PhantomDesk LLC, an Illinois limited liability company ("PhantomDesk," "we," "us," or "our"), governing your access to and use of the VoiceDesk platform ("Service"). By creating an account or using the Service, you agree to these Terms in full. If you do not agree, do not use the Service.

2. The Service

VoiceDesk provides AI-powered voice receptionist software that answers inbound phone calls, books appointments, and sends confirmations on behalf of your business. The Service uses artificial intelligence and does not involve human receptionists unless a call is explicitly transferred to a human by the AI or by your configuration.

You acknowledge that AI systems may make errors, misunderstand callers, or fail to complete bookings in certain circumstances. PhantomDesk does not guarantee error-free performance and is not liable for missed bookings, incorrect information communicated to callers, or any business loss resulting from AI errors.

3. AI & Recording Disclosure Obligation

As a condition of using VoiceDesk, you agree to ensure that all callers reaching your VoiceDesk-powered phone line are informed at the start of every call that:

  • They are speaking with an AI assistant, not a human
  • The call may be recorded

VoiceDesk includes these disclosures in the default AI greeting. You must not remove or disable these disclosures. Failure to maintain required disclosures is a material breach of these Terms and may result in immediate account termination.

4. TCPA & Telemarketing Compliance

You are solely responsible for ensuring your use of VoiceDesk complies with the Telephone Consumer Protection Act (TCPA), the FTC Telemarketing Sales Rule, and all applicable state and local telemarketing and communications laws.

You represent and warrant that:

  • Any outbound communications sent through VoiceDesk are to individuals who have provided prior express written consent where required by law
  • You maintain records of all required consents
  • You will honor all opt-out and do-not-call requests promptly and in accordance with applicable law
  • You will not use VoiceDesk to contact numbers on the National Do Not Call Registry without a valid exemption

PhantomDesk is not liable for any TCPA violations, regulatory fines, or legal claims arising from your use of the Service. You agree to indemnify and hold PhantomDesk harmless from any such claims.

5. Acceptable Use

You may not use VoiceDesk to:

  • Deceive callers about the nature of the AI or the business it represents
  • Engage in harassment, spam, or unsolicited communications
  • Collect sensitive information (e.g., Social Security numbers, payment card numbers, health records) via voice
  • Violate any applicable federal, state, or local law
  • Resell or sublicense the Service without written authorization from PhantomDesk
  • Attempt to reverse engineer, copy, or replicate the platform or its underlying AI systems

Violation of this section may result in immediate account suspension or termination without refund.

6. Billing & Payment

VoiceDesk is offered on a monthly subscription basis. Fees are billed in advance each billing cycle. All payments are processed through Stripe. By subscribing, you authorize PhantomDesk to charge your payment method on a recurring basis until you cancel.

Overage charges (if applicable to your plan) are billed at the end of each billing cycle based on actual usage. All fees are non-refundable except as required by law or as expressly stated in a written agreement with PhantomDesk.

PhantomDesk reserves the right to modify pricing with 30 days written notice. Continued use after the notice period constitutes acceptance of the new pricing.

7. Data & Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for obtaining any necessary consents from your callers for the collection and processing of their data as described in the Privacy Policy.

8. Intellectual Property

All software, AI models, interfaces, designs, and documentation comprising the VoiceDesk platform are the exclusive intellectual property of PhantomDesk LLC. These Terms do not grant you any ownership rights in the platform. You retain ownership of your business data and caller data processed through the Service.

PhantomDesk retains all rights to improvements, enhancements, and derivative works developed in connection with the platform, regardless of input or feedback provided by clients.

9. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service, and to use such information solely for the purpose of performing under these Terms. This obligation survives termination of the agreement.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PHANTOMDESK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHANTOMDESK'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO PHANTOMDESK IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL PHANTOMDESK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnification

You agree to indemnify, defend, and hold harmless PhantomDesk LLC and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including TCPA; or (d) any claim by a third party arising from your use of VoiceDesk.

13. Term & Termination

These Terms remain in effect for the duration of your subscription. Either party may terminate at any time. You may cancel your subscription through your account settings. PhantomDesk may suspend or terminate your account immediately for material breach of these Terms, non-payment, or activity that poses legal or reputational risk to PhantomDesk.

Upon termination, your access to the Service will cease and your data will be retained for 30 days before deletion, during which time you may request an export.

14. Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Illinois, and you consent to personal jurisdiction in those courts.

15. Changes to Terms

PhantomDesk reserves the right to modify these Terms at any time. Material changes will be communicated via email with 30 days notice. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

16. Contact

PhantomDesk LLC
Illinois, United States
admin@phantomdeskai.com