Terms of Service

These Terms of Service ("Terms") govern your access to and use of NightDesk ("Service"), operated by NightDesk ("we," "our," or "us"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use NightDesk.

Questions? Email hello@nightdeskapp.com.

1. Service Description

NightDesk is an AI-powered after-hours answering service designed for small businesses. The Service:

• Provisions a dedicated phone number that forwards your after-hours calls to an AI receptionist
• Uses AI voice technology to greet callers, answer common questions, and book appointments
• Integrates with your Google Calendar to check availability and create appointment events
• Transcribes calls and delivers summaries to your dashboard and via email
• Provides a web dashboard to review call history, manage settings, and configure your AI receptionist

NightDesk is a software tool, not a licensed professional service. We do not provide legal, medical, financial, or emergency services. Do not configure NightDesk to handle emergency calls without appropriate disclaimers and alternative routing.

2. Accounts & Eligibility

• You must be at least 18 years old and legally authorized to enter contracts to use NightDesk.
• You are responsible for maintaining the security of your account credentials.
• You may not share your account with others or use NightDesk on behalf of another business without their authorization.
• You agree to provide accurate, current, and complete information during registration.

3. Subscription Plans & Pricing

NightDesk is available on the following monthly subscription plans:

Prices are in USD and subject to change. We will provide at least 30 days' notice of any price increases to existing subscribers via email.

4. Billing & Cancellation

Billing

• Subscriptions are billed monthly on the anniversary of your sign-up date.
• Payment is processed via Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis.
• If payment fails, we will retry and notify you by email. Repeated failures may result in service suspension.
• All charges are non-refundable except as required by applicable law or at our sole discretion.

Cancellation

You may cancel your subscription at any time through the Stripe customer portal, accessible from your NightDesk dashboard under Settings → Billing.

• Cancellation takes effect at the end of your current billing period — you retain access until then.
• Your data is retained for 30 days after cancellation, after which it is permanently deleted.
• Canceling during the free trial results in no charge.

5. Phone Number Assignment & Forwarding

• Upon subscribing, you are assigned a dedicated NightDesk phone number provisioned through Twilio.
• You are responsible for configuring call forwarding from your business number to your NightDesk number for after-hours calls. NightDesk does not control your existing phone carrier settings.
• The NightDesk number is leased, not owned, by you. Numbers are subject to availability and Twilio's policies.
• Upon account cancellation, your NightDesk number will be released and may be reassigned to another user after a cooling-off period.
• We are not responsible for calls that fail to route correctly due to your carrier's forwarding settings or third-party telephony outages.

6. Google Calendar Integration

• Connecting your Google Calendar is optional but required to enable appointment booking.
• By authorizing NightDesk via Google OAuth, you grant us permission to read your calendar availability and create new events on your behalf.
• We do not read, store, or transmit existing event details beyond free/busy status.
• You may revoke calendar access at any time from your Google account or NightDesk dashboard. Revoking access disables appointment booking but does not affect other NightDesk features.
• NightDesk's use of Google API data complies with the Google API Services User Data Policy.

7. Call Transcription & Recording Laws

• NightDesk records and transcribes calls handled by your AI receptionist using Vapi's voice AI technology.
• You are responsible for configuring an appropriate disclosure message (e.g., "This call may be recorded") in your NightDesk AI settings.
• We strongly recommend consulting legal counsel to ensure your disclosure practices comply with the laws of all states where your callers may be located.
• NightDesk shall not be liable for any legal claims, fines, or penalties arising from your failure to comply with call recording laws.
• Call transcripts are stored in your account and subject to our Privacy Policy and data retention practices.

8. Acceptable Use

You agree not to use NightDesk to:

• Violate any applicable federal, state, local, or international law or regulation
• Conduct or facilitate telemarketing, spam, robocalling, or unsolicited contact
• Impersonate any person or entity or misrepresent your affiliation
• Transmit any content that is defamatory, obscene, harassing, or harmful
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any part of the Service or its infrastructure
• Resell, sublicense, or otherwise commercialize access to NightDesk without our express written consent
• Use the Service for emergency dispatch, crisis hotlines, or any context where AI limitations could result in physical harm

We reserve the right to suspend or terminate accounts that violate these terms without prior notice.

9. Intellectual Property

• NightDesk and its underlying technology, brand, and content are owned by us and protected by intellectual property laws.
• You retain ownership of your business data, call transcripts, and content you provide to the Service.
• You grant us a limited license to process your data as necessary to operate and improve the Service.
• You may not copy, modify, distribute, or reverse-engineer any part of the NightDesk platform.

10. Disclaimer & Limitation of Liability

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE AI RECEPTIONIST WILL ACCURATELY HANDLE ALL CALLS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIGHTDESK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO NIGHTDESK IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

AI Limitations

The AI receptionist may make errors in understanding callers, booking appointments, or responding to questions. You acknowledge that AI-generated responses are imperfect and agree to monitor the Service and notify your callers of its AI nature as appropriate.

11. Indemnification

You agree to indemnify, defend, and hold harmless NightDesk and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your failure to comply with applicable call recording or consent laws.

12. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles.

Any dispute arising from or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Washington State. You consent to the personal jurisdiction of such courts.

Before filing any legal action, you agree to contact us at hello@nightdeskapp.com and attempt to resolve the dispute informally for at least 30 days.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email or a prominent notice in your dashboard at least 14 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Termination

Either party may terminate this agreement at any time. We may suspend or terminate your account immediately if you violate these Terms, fail to pay, or if required by law. Upon termination, your right to use the Service ceases immediately. Sections 9–12 survive termination.

15. Contact Us

For questions about these Terms, please contact us: