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Terms and Conditions

for Deskaway AI

Effective Date: March 18, 2025

These Terms define how Deskaway AI works—what we expect from you, what you can expect from us, and what happens when things go sideways. Read them carefully. They're legally binding once you use the Service. Questions? Contact us before proceeding.

1. Key Terms Defined

What We Mean When We Say...

Capitalized words throughout these Terms have specific legal meanings. "Service" means Deskaway AI platform and tools. "Company" is 7m26 LLC. "User" is anyone accessing our site or services. We spell this out so there's no confusion.

2. The Agreement & Your Obligations

By using Deskaway AI, you're entering a binding agreement with us. These Terms establish the ground rules for your access, usage rights, and responsibilities.

Using our Service means you fully accept these Terms. If any clause bothers you, don't use the Service—it's that simple.

You must be at least 18 years old to access Deskaway AI. No exceptions. If you're younger, ask a parent or guardian.

This agreement works hand-in-hand with our Privacy Policy. Both are binding. Read them both thoroughly. We're not hiding anything.

You're responsible for maintaining the confidentiality of any account credentials and for all activities under your account. Notify us immediately of unauthorized access.

3. External Links & Partner Sites

Deskaway AI connects to external websites and third-party services. We don't control them, and we're not liable for their content, practices, or operations. That's on them.

If you experience issues with linked sites or services, contact them directly. We can't be held responsible for third-party actions.

4. Text Message (SMS) Terms & Compliance

By opting into SMS, you authorize Deskaway AI to deliver text messages on business, legal, and promotional matters. Texts may include:

  • Service updates, confirmations, and status notifications.
  • Business alerts and time-sensitive information.
  • Offers, announcements, and feature releases.
  • Administrative notices and compliance reminders.

Message Frequency:

How often you hear from us depends on your activity level and selections. It could be daily or weekly—you control this.

Cost & Carriers:

Standard SMS rates apply based on your carrier plan. Check with your provider if unsure about charges.

Opting Out:

Text "STOP" to any message to halt SMS delivery immediately. Text "HELP" for support details. Your opt-out is processed right away.

Phone Number Privacy:

Your phone number and SMS preferences are locked down—never sold, rented, or shared with marketers or affiliates.

5. Service Disruption & Access Termination

Deskaway AI reserves the right to suspend or terminate your access if you violate these Terms, engage in illegal activity, or abuse the Service. Termination is immediate and can happen without warning.

Upon termination, your right to use the Service ends. We may delete your account data after a reasonable period.

6. Liability Limits & Damage Caps

Here's where we draw the line: Deskaway AI's maximum liability is capped at either the amount you paid for the Service or $100 USD—whichever is less. No exceptions.

We're not liable for indirect, incidental, special, or consequential damages—including lost profits, lost data, lost revenue, or business interruption—even if we've been warned such damages could occur.

Some jurisdictions don't permit liability limits, so this cap may not apply to you. In those cases, liability is restricted to the maximum extent the law allows.

7. No Warranties—Service as-is

Deskaway AI is provided "AS IS" and "AS AVAILABLE." We disclaim all warranties, express or implied—including merchantability, fitness for purpose, and non-infringement.

We don't guarantee the Service will be error-free, uninterrupted, or fully compatible with your devices. It could have bugs. It could go down. We try our best, but we can't promise perfection.

Some jurisdictions restrict warranty disclaimers, so parts of this may not apply to you.

8. Governing Law & Jurisdiction

These Terms are governed by Florida state law, with jurisdiction in Florida courts. Conflict-of-law principles don't apply.

Your local laws may also apply depending on where you live.

9. Handling Disputes

If a dispute arises, contact us first. Most issues can be resolved through honest discussion.

For legal disputes, Florida courts have jurisdiction, and these Terms are governed by Florida law.

10. EU Consumer Protections

EU residents enjoy consumer protections under your country's laws. Those rights stand alongside (and sometimes supersede) these Terms.

11. U.S. Compliance & Sanctions

By using Deskaway AI, you confirm: (1) You're not in a U.S.-embargoed country, (2) You're not identified as a terrorism supporter, and (3) You're not on any U.S. government restricted-party lists.

Violation of these restrictions means immediate termination.

12. Severability & Waiver

Severability:

If any part of these Terms is unenforceable, the rest remains valid and binding.

Waiver:

Not enforcing a right doesn't mean we've waived it. We can enforce it later.

13. Translation Conflicts

These Terms exist in multiple languages. If there's a conflict, the English version wins.

14. Changes & Updates

We may modify these Terms at any time. Major changes get a 30-day heads-up via email or site notice.

Keep using the Service after a change? You're accepting the new Terms.

15. Entire Agreement

These Terms and our Privacy Policy make up the entire legal agreement between you and Deskaway AI. There are no other promises or understandings.

16. Automated Order Processing & Phone Call Handling

Deskaway AI may automatically capture, record, transcribe, and process incoming phone orders. By placing a phone order, you consent to all aspects of this automated handling.

Call Recording & Transcription:

Your incoming call may be recorded, transcribed using AI automation, and the extracted data (your name, phone number, order details, address) is automatically processed to create orders in our systems.

Automated Order Creation:

Upon call completion, your order information is automatically transmitted to integrated platforms (Clover, delivery services) without human review. You acknowledge and accept that automation errors may occur and agree to contact us promptly if corrections are needed.

No Warranty for Automation Accuracy:

While we strive for accuracy, Deskaway AI makes no guarantees regarding transcription accuracy, order data extraction, or automated processing. Errors in automated transcription or order creation may occur. You are responsible for verifying order accuracy through the secure payment link or confirmation messages.

Liability Limitations for Processing Errors:

Deskaway AI's liability for errors in automated order processing, call transcription, or data extraction is limited to the amount paid for the transaction or $100 USD—whichever is less. We are not liable for lost business, missed deliveries, or consequential damages resulting from automation failures.

17. Payment Processing & Secure Payment Links

Orders are not considered confirmed until payment is successfully processed through a secure payment link or payment system.

Payment Authorization:

By clicking a secure payment link or initiating payment, you authorize Deskaway AI and our payment processor (Clover or equivalent) to charge your payment method. Payment authorization is binding and non-refundable unless explicitly agreed otherwise.

Link Expiration & Timeout:

Secure payment links expire after a set period (typically 24-48 hours) or after successful payment. Deskaway AI is not responsible for expired or lost links—you will be notified via email or SMS with a new link if needed.

Payment Processor Terms:

Payment processing is subject to Clover's and other payment processors' terms of service. Deskaway AI is not liable for payment processing delays, declines, or errors by third-party processors.

Dispute & Chargeback Policy:

Chargebacks and payment disputes are handled by the payment processor. Customers disputing charges without first contacting Deskaway AI may have future orders suspended or canceled.

18. Delivery & Order Fulfillment

Upon confirmed payment, orders are automatically dispatched to delivery partners (such as DoorDash Drive) for fulfillment.

Third-Party Delivery Services:

Deskaway AI is not responsible for delivery partner actions, delays, lost orders, or damaged items. Delivery service terms and liability limitations apply. Contact the delivery partner directly for delivery-related issues.

Order Accuracy & Fulfillment:

While automated order processing improves efficiency, errors may occur during transcription, creation, or fulfillment. You acknowledge this risk and agree to verify order details through confirmation messages. Material errors should be reported within 30 minutes of order creation.

Delivery Address & Special Instructions:

You are responsible for providing accurate delivery information. Deskaway AI is not liable for deliveries to incorrect addresses or failures to deliver due to incomplete or inaccurate address data.

Order Modifications & Cancellations:

Orders cannot be modified after payment confirmation. Cancellations within 5 minutes of order creation may be eligible for refund. Cancellations after that point are non-refundable and may incur cancellation fees depending on restaurant policy.

19. High-Volume Order Processing & Service Availability

Deskaway AI is designed to handle high-volume order periods but does not guarantee uninterrupted service during peak times.

Service Disruptions:

During peak ordering periods or system maintenance, delays in order processing, payment confirmation, or delivery dispatch may occur. Deskaway AI is not liable for lost orders, delayed processing, or service outages.

No Guarantee of Real-Time Processing:

While automated systems typically process orders within minutes, Deskaway AI makes no guarantee regarding real-time or instantaneous order processing during high-volume periods.

Queue & Timeout Management:

Orders may be queued during high volume. If orders are not completed within the configured timeout period, payment links may expire or orders may be canceled without refund.

20. AI Automation & Data Processing Risks

Deskaway AI uses artificial intelligence to automate order capture, transcription, and processing. AI systems are not perfect.

Transcription Errors:

AI transcription of phone calls may contain errors, misheard information, or incorrect interpretation of customer requests. You acknowledge this risk by placing a phone order.

Data Mismatches:

Discrepancies between transcribed data and actual customer intent may occur. You are responsible for reviewing order confirmations and contacting us immediately for corrections.

Automation Failures:

If automated processing fails (transcription doesn't complete, order doesn't create, payment doesn't process), Deskaway AI will attempt to notify you, but we are not liable for unnoticed failures.

Limited Liability for AI-Related Issues:

For issues arising from AI transcription errors, data extraction problems, or automation failures, Deskaway AI's liability is limited to a refund of the transaction amount or $100 USD—whichever is less.

21. Data Security & Encryption

Deskaway AI implements industry-standard encryption and security practices for payment data, personal information, and call recordings.

Encryption Standards:

Payment data, call recordings, and sensitive order information are encrypted in transit and at rest using current industry standards (TLS 1.2 or higher for transmission, AES-256 for storage).

Third-Party Security:

We rely on third-party processors (Clover, delivery services, cloud storage) for aspects of data security. Each third party maintains their own security standards. Deskaway AI is not liable for security breaches by third parties.

Breach Notification:

In the event of a security breach affecting payment or personal data, Deskaway AI will notify affected customers via email or phone in compliance with applicable state and federal laws.

Contact Information

This website is operated by 7m26 LLC, doing business as Deskaway AI.

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Deskaway AI

Deskaway AI

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