Terms of Service
These terms are the agreement between you and CodeAlpha, LLC ("we", "us"), a Texas limited liability company, for the use of AwakeDesk. Using the service means you accept them. If you are agreeing for a company, you are confirming you may bind it.
1. What the service does
AwakeDesk answers telephone calls made to your business, answers questions from the information you configure, books and changes appointments in the calendar you connect, sends transactional text messages to callers who have consented, and gives you a record of each call.
AwakeDesk is inbound only. It answers calls; it does not place them, and it cannot be used for outbound calling campaigns.
2. Your account
You must be 18 or older and using AwakeDesk for a business. Keep your credentials secret; you are responsible for what happens under your account. Tell us promptly if you think it has been compromised.
3. What you are responsible for
- Accurate configuration. The receptionist repeats your hours, services, and prices. If those are wrong, it will confidently say something wrong.
- Call recording law. Recording is off by default and you choose whether to enable it. Some states require all parties to consent. Complying where you and your callers are located is your responsibility.
- Messaging law. You must not use AwakeDesk to send marketing texts, to message people who have not consented, or in any way that breaks the TCPA, carrier rules, or applicable regulation.
- Your customers' data. You direct what we do with caller information; make sure your own privacy notices reflect that you use a service like ours.
4. Acceptable use
You agree not to:
- use the service for anything unlawful, deceptive, or harassing;
- misrepresent the receptionist as a human being where doing so is unlawful;
- use it for emergency services, medical triage, or any situation where a delayed or wrong answer could cause injury;
- attempt to breach, overload, reverse engineer, or resell the service except under a written reseller agreement with us;
- upload content you have no right to use.
5. Fees
Plans include a monthly allowance of call minutes; minutes beyond it are billed at the overage rate shown on your plan. Fees are billed in advance, charged to your payment method, and are non-refundable except where the law requires otherwise. We will give at least 30 days' notice before a price change takes effect. Unpaid accounts may be suspended, though we will always try to reach you first.
6. Third-party services
AwakeDesk depends on outside providers, including telephone carriers, voice and language model vendors, and the calendar you connect. Your use of those services is also governed by their terms, and an outage or change on their side can affect AwakeDesk.
7. Availability, and the honest disclaimer
We work to keep AwakeDesk running continuously and we do not currently offer a contractual uptime guarantee. The service is provided "as is", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
Being direct about something a reasonable buyer would want to know: AwakeDesk uses automated speech and language systems. They can mishear, they can misunderstand, and they can fail. It is a capable receptionist, not an infallible one, and it should not be the only safeguard on anything where being wrong is expensive.
8. Limitation of liability
To the maximum extent the law allows, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business — including a missed, mishandled, or incorrectly booked call. Our total liability for any claim is limited to the fees you paid us in the three months before the event giving rise to it.
9. Indemnity
You agree to indemnify us against claims arising from your use of AwakeDesk, your configuration of it, or your breach of these terms or of any law governing call recording or text messaging.
10. Confidentiality and your data
Your business information and your callers' information remain yours. We use them to run the service and for nothing else, as set out in our Privacy Policy. We do not use your recordings, transcripts, or calendar contents to train machine learning models.
11. Suspension and termination
You may cancel at any time; service continues to the end of the paid period. We may suspend or terminate an account that breaches these terms, that endangers the service or other customers, or that goes unpaid. On termination you may export your data, after which we delete or anonymise it as described in the Privacy Policy.
12. Changes to these terms
We may update these terms and will post the new version here with a new date. Material changes take effect 30 days after posting, or immediately if required by law. Continuing to use AwakeDesk means the new version applies.
13. Governing law
These terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The courts of Texas have exclusive jurisdiction.
14. Contact
CodeAlpha, LLC — Texas, United States
mike@codealpha.io · (903) 339-5048