Terms of Service

These Terms of Service (“Terms”) are a binding agreement between the business you represent (“you”) and BayDesk, operated by Rafael Soares Reis Costa (“BayDesk,” “we,” “us”). You accept them by checking the box when you create an account or a password, by subscribing, or by using the service. If you don't agree, don't use BayDesk. Version 2026-10-16.

Please read sections 6 (your responsibilities), 14 to 16 (disclaimers, limits on our liability and your indemnity) and 17 (individual arbitration and class-action waiver, which you can opt out of within 30 days) carefully: they affect your legal rights.

1. The service

BayDesk answers phone calls that your shop forwards to your BayDesk line, using artificial intelligence. Depending on your settings it answers questions with the information you provide, texts callers your online booking link, takes messages for your team, transfers urgent calls during your business hours and screens unwanted calls. You keep your phone number; you control forwarding with your carrier.

2. Who can use BayDesk

• BayDesk is offered only to businesses located in the United States, for business purposes. It is not a consumer service. By accepting these Terms you confirm that you're at least 18 and authorized to accept them for your business.
• You confirm that neither your business nor its owners are located in a country under a U.S. embargo or listed on a U.S. government list of restricted parties.

3. Your account and team logins

• Keep your login details secure and tell us right away at hello@usebaydesk.com if you suspect unauthorized use.
• Give each team member their own login (up to 10) instead of sharing yours, and remove people who no longer work with you. You're responsible for everything done under your account, including by your team.

4. Plans, fees and billing

• The plan costs $79.99 per month and includes 150 call minutes a month. A launch offer, when shown on our site with its deadline, gives $59 per month for the first 6 monthly charges to businesses that subscribe by that deadline; after that, the regular price applies.
• A one-time setup fee of $449 is charged when you sign up. It covers activating your own BayDesk line, configuring your assistant from the shop details you provide and the call-forwarding check. It's refundable within the 7-day guarantee and non-refundable after that, including if you cancel later.
• You can buy prepaid extra minutes (100 minutes for $19 or 250 minutes for $49). They're used only after your included minutes, don't expire while you're subscribed, and end when your account ends. Packs follow the same 7-day guarantee; if a pack is refunded, its remaining minutes are removed from your balance.
• Payments are processed by Hotmart, our authorized reseller, which charges your card monthly in advance until you cancel. Its purchase terms govern the payment itself; these Terms govern the service. Taxes, if any, are calculated at checkout and are your responsibility.
• If a monthly payment fails, Hotmart retries your card and we email you. BayDesk keeps answering for 7 days after the failed payment; after that, answering pauses until the payment goes through.
• We email you when you reach 80% and 100% of your monthly minutes. We never charge for extra minutes unless you buy them. When your included and extra minutes run out, BayDesk keeps answering for 30 courtesy minutes that month; after that, answering pauses until the next month or until you add minutes, and we email you when that happens. While answering is paused, callers forwarded to BayDesk hear a short message asking them to call back.
• Before disputing a charge with your bank or card issuer, contact us at hello@usebaydesk.com so we can resolve it. While a chargeback or payment dispute is open, we may pause your account.
• We'll email you at least 30 days before any price change takes effect for your plan.

5. Cancellation, refunds and the end of your account

You can cancel anytime online from your Hotmart purchases, with no fee, and we email you a confirmation. Cancellation takes effect at the end of the month you've paid for, and the service keeps working until then. If you cancel within 7 days of your first payment, you can request a full refund. We don't give partial-month refunds after that. When you cancel, or if your account ends for any reason, remove call forwarding from your line: calls forwarded to BayDesk after that are not answered.

Your call history is yours: download it anytime from your dashboard (CSV). After your account ends, it stays available for 90 days and is then deleted, unless the law requires us to keep it longer, for example during a legal dispute.

6. Your responsibilities and compliance with the law

You use BayDesk as your own business tool, and you remain responsible for your calls, your customers and your legal obligations. You agree that:

• BayDesk tells every caller at the start of the call that it's your shop's AI assistant and that the call is recorded, and it says it's not a person if asked. You won't ask us to remove or change those notices. You're responsible for complying with every law that applies to your business and your calls, including call-recording, eavesdropping and consent laws, laws about artificial intelligence and automated or artificial voices, privacy laws and consumer-protection laws, and for giving any additional notice or getting any additional consent your business needs.
• Booking-link texts are sent only after the caller agrees on the call, and only to that caller. You won't use BayDesk to send marketing or unsolicited texts or calls, and you're responsible for complying with the Telephone Consumer Protection Act and other messaging laws for your business. Information you provide for carrier text-messaging registration must be true and complete.
• Everything BayDesk tells callers comes from the information you provide (hours, services, prices you choose to share, booking rules). You're responsible for keeping it accurate and up to date and for honoring prices or terms you choose to share.
• You're responsible for reviewing your calls and messages and for following up with callers. BayDesk takes messages; it doesn't guarantee that anyone at your shop will act on them.
• You're responsible for your phone service, your carrier's forwarding settings and any charges your carrier bills you.
• You won't give BayDesk payment card numbers, health information or other sensitive data to share with callers.

7. AI limitations; not an emergency service; no professional advice

AI can mishear, misunderstand, respond imperfectly, transfer to the wrong place or fail to complete an action, and calls, texts and emails can fail or be delayed. Calls can also go unanswered, for example during outages or when more people call at once than the service can take. BayDesk never diagnoses vehicles and tells callers in danger to call 911, but it is not an emergency service, is not a substitute for your staff, and doesn't give mechanical, safety, legal or financial advice. We don't guarantee any number of calls answered, jobs booked, customers kept or revenue.

8. Acceptable use

You won't use BayDesk to:

• break any law or anyone's rights, or help anyone else do so;
• deceive callers, impersonate a person, or pretend the assistant is a human;
• collect payment card data, health information or government ID numbers through the assistant;
• contact people who haven't called your shop, or send spam, robocalls or harassing messages;
• overload, probe, copy, resell or reverse-engineer the service, or get around its limits or security.

9. Caller information, privacy and data processing

• You control the information about your callers (recordings, transcripts, messages and phone numbers). We act as your service provider: we process it only on your behalf, following these Terms and your settings, to provide, maintain, secure, support and improve the service for you, and as the law requires. We don't sell or share it for targeted advertising, don't use it for our own purposes outside our relationship with you, don't combine it with information from other sources except as the law allows service providers to, and don't use it to train AI models. We'll comply with the privacy laws that apply to us as your service provider and tell you if we can no longer do so.
• We protect it with reasonable safeguards, limit access to people who need it to run the service, and use the providers listed in our Privacy Policy to process it under their own terms. We'll tell you without undue delay if we confirm a security incident affecting it.
• If a caller asks you, or us, to access or delete their information, we'll help you respond. After your account ends we delete it as described in section 5.
• When you or your team accept these Terms, we record the date, the version, the text you agreed to, your IP address and your browser as proof of acceptance.

10. Custom voice (optional)

If we offer it and you choose an assistant voice based on a real person's voice (such as the owner's), you confirm that the person gave their own signed consent and can withdraw it at any time. We use that voice only for your assistant, never sell it, and delete it as described in our Privacy Policy. You're responsible for having that person's permission for as long as you use the voice.

11. Third-party services

BayDesk relies on telephone carriers, a telephone and text-messaging provider, a voice AI platform and the AI providers it uses (speech recognition, language and voice), Hotmart (payments), an email provider and a hosting provider. We're not responsible for their acts, outages or policies. If our voice platform is down, we try to send calls to the transfer number you set and email your team about the missed call.

12. Availability, changes and suspension

We work to keep BayDesk running all the time but don't guarantee uninterrupted or error-free service. We may improve, change or stop features, and we'll tell you in advance about changes that materially reduce the service. We may suspend your account immediately if payment fails beyond the grace period, if a chargeback is open, if refunds or chargebacks are abused, if you break these Terms, or if your use creates legal, security or abuse risk for callers, carriers, our providers or us; we'll tell you why when we can. We may end these Terms with 30 days' notice, or right away for a serious or repeated breach.

13. Our property and your feedback

BayDesk, its software, assistant scripts, design and brand belong to us or our licensors; you get a limited, non-transferable right to use the service while you're subscribed. If you send us ideas or feedback, we may use them without any obligation to you.

14. Disclaimers

To the fullest extent permitted by law, 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, accuracy, non-infringement and uninterrupted service.

15. Limitation of liability

To the fullest extent permitted by law: (a) neither BayDesk nor its operator, providers or licensors will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, customers, goodwill or data, missed or mishandled calls or messages, or business interruption, even if told they were possible; and (b) our total liability for all claims relating to the service is limited to the fees you paid us in the 3 months before the event that gave rise to the claim. These limits apply to every theory of liability, even if a remedy fails of its essential purpose, and are an essential part of our prices.

16. Your indemnity

You'll defend, indemnify and hold harmless BayDesk, its operator, employees and providers from any claims, fines, damages, losses and costs (including reasonable attorneys' fees) arising from: your use of the service; the information you provide; your calls, texts and customers, including claims by callers about recording, consent, artificial intelligence, automated voices, privacy or messaging; your team; or your breach of these Terms or of any law. We'll tell you about the claim. We may control our own defense at your expense or let you control it with counsel we reasonably approve, and you won't settle a claim against us without our written consent.

17. Disputes: individual arbitration and class-action waiver

• Before filing any claim, contact us at hello@usebaydesk.com and give us 30 days to try to resolve it informally.
• Any dispute relating to BayDesk or these Terms that isn't resolved will be decided by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by one arbitrator. Hearings will be by video or on written submissions where possible; any in-person hearing will be in the county of your principal place of business. Either party may instead bring an individual claim in small-claims court, and either party may ask a court to stop misuse of its intellectual property.
• You and we each waive the right to a jury trial and to bring or join any class, collective or representative action. The arbitrator can't combine claims of more than one business. If this waiver is found unenforceable for a claim, that claim goes to court, not to class arbitration, and waits until the individual arbitration ends.
• You can opt out of this section within 30 days after you first accept these Terms by emailing hello@usebaydesk.com with your name, your business and a clear statement that you opt out of arbitration. Opting out doesn't affect the rest of these Terms.
• These Terms are governed by the Federal Arbitration Act and the laws of the State of Delaware, without regard to conflict-of-law rules. Any case allowed in court will be heard only in the state or federal courts located in Delaware, and both parties consent to their jurisdiction. Any claim must be brought within one year after it arose, unless the law requires a longer period.

18. Changes to these Terms

We may update these Terms. For changes that matter, we'll email you at least 30 days before they take effect, unless a change is required by law sooner, and we may ask you to accept the new version in your dashboard. The version date is at the top. Continuing to use the service after a change takes effect means you accept it; if you don't, cancel before then. Changes don't apply retroactively, and changes to section 17 don't apply to a dispute that arose before the change.

19. General

These Terms and our Privacy Policy are the entire agreement between you and us about BayDesk and replace any earlier statements. If any part is found unenforceable, it's limited to the minimum extent needed and the rest stays in effect. Not enforcing a provision isn't a waiver. You may not transfer your account or these Terms without our written consent; we may transfer them in a merger, acquisition or sale of the service. Neither party is liable for delays caused by events beyond its reasonable control. We're independent contractors, and there are no third-party beneficiaries. Checking the box is your electronic signature, and you agree to receive notices and communications electronically at your account email. The English version controls. The U.N. Convention on Contracts for the International Sale of Goods doesn't apply. Sections 4 to 10 and 13 to 19 survive the end of your account.

20. Contact

Questions or notices: hello@usebaydesk.com.