Terms of Service

Welcome to JobyDesk. These Terms of Service ("Terms") govern your access to and use of the JobyDesk platform (the "Service"), operated by JobyDesk ("we," "our," or "us").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you are using the Service on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to that entity.

1. Description of Service

JobyDesk is a field service management (FSM) software platform that enables businesses to manage jobs, scheduling, dispatching, teams, time tracking, estimates, invoicing, and customer communications, including SMS and voice functionality.

The Service is provided as a software-as-a-service (SaaS) subscription. Specific features available depend on your subscription plan.

2. Eligibility

To use the Service, you must:

• Be at least 18 years old
• Have the legal capacity to enter into a binding contract
• Be using the Service on behalf of a legitimate business
• Not be prohibited from using the Service under applicable law

If you are entering into these Terms on behalf of a business, you represent that you have the authority to bind that business and that the business meets these eligibility requirements.

3. User Accounts

Account Creation

You must provide accurate, current, and complete information when creating an account and keep that information updated.

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Not sharing your account with others (each user must have their own account)

Account Authority

You represent that any individual creating an account on behalf of a business has authority to do so and to bind the business to these Terms.

4. Acceptable Use

You agree to use JobyDesk only for lawful business purposes and in accordance with these Terms.

You may not use the Service to:

• Send unsolicited or unauthorized messages ("spam")
• Engage in cold texting or contact individuals without their prior express consent
• Send marketing or promotional messages without proper opt-in consent
• Upload, import, or use purchased, rented, scraped, or otherwise non-consented contact lists
• Send messages containing prohibited content (SHAFT: Sex, Hate, Alcohol, Firearms, Tobacco) without appropriate authorization
• Send messages related to high-risk industries including payday loans, short-term lending, debt collection, debt consolidation, cannabis, gambling, or lead generation, except with prior written approval from JobyDesk and proper carrier registration
• Harass, abuse, threaten, defame, or harm any individual or entity
• Transmit illegal, fraudulent, deceptive, or misleading content
• Impersonate any person or business
• Violate any applicable laws, regulations, or carrier requirements (including TCPA, CAN-SPAM, CTIA guidelines, and A2P 10DLC requirements)
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Reverse engineer, decompile, or attempt to extract source code from the Service
• Use the Service to build a competing product
• Resell, sublicense, or redistribute the Service without our written consent

Use in Sanctioned Jurisdictions

You may not use the Service in any country subject to U.S. embargoes or sanctions, or if you are on any U.S. government list of prohibited or restricted parties.

No Agency Relationship

JobyDesk acts solely as a technology provider. We do not initiate, originate, send, or control the content of communications transmitted through the Service. You are the sender of all communications you transmit through the Service and are solely responsible for their content, recipients, timing, and compliance with applicable law.

5. SMS and Voice Communications

JobyDesk enables you to send SMS messages and make voice calls to your customers. Use of these features is subject to additional rules.

Your Warranties Regarding Communications

By using SMS and voice features, you represent and warrant that:

• You have obtained prior express written consent (or, where applicable, prior express consent) from each recipient before sending any SMS message or making any non-emergency call to that recipient
• You maintain accurate records of consent, including the time, source, method, and content of consent
• You will only send transactional and service-related messages unless you have obtained additional consent for marketing communications and the appropriate campaign type is enabled
• You will clearly identify your business in all communications
• You will honor opt-out requests immediately upon receipt
• You will comply with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state consumer protection laws, and CTIA Messaging Principles and Best Practices
• You will comply with all carrier rules, including A2P 10DLC requirements administered by The Campaign Registry (TCR)
• You will not use the Service to contact recipients on the National Do Not Call Registry without applicable exemption
• You have the legal right to send messages to the phone numbers you upload or provide

Recipient Information

Message and data rates may apply to recipients. Message frequency varies based on your activity. Recipients can opt out by replying STOP to any message and can request help by replying HELP.

Your Sole Responsibility

You are solely responsible for:

• The content of your communications
• Obtaining and maintaining consent records
• Compliance with all applicable laws
• Any claims, complaints, or damages arising from your communications

6. Messaging Compliance and Enforcement

To comply with telecommunications regulations and protect the integrity of the Service, JobyDesk reserves the right to:

• Monitor messaging activity for compliance with these Terms and applicable law
• Scan message content for prohibited material
• Restrict, filter, throttle, or block messages that appear non-compliant
• Impose usage limits, rate limits, throughput caps, or other restrictions at any time to prevent abuse, ensure system stability, protect platform reputation, or comply with carrier requirements
• Require additional information or documentation to verify consent or use case
• Require registration with The Campaign Registry (TCR) and associated brand/campaign approval
• Suspend or terminate accounts engaged in prohibited behavior, including immediate suspension without prior notice in cases involving compliance violations, abuse, or carrier complaints
• Cooperate with carriers, regulators, and law enforcement regarding messaging activity
• Pass through any carrier fines, penalties, or surcharges resulting from your activity

Audit Rights

JobyDesk reserves the right to request documentation demonstrating your compliance with these Terms and applicable law, including but not limited to proof of recipient consent, opt-in records, and message authorization. You agree to provide such documentation within a reasonable time upon request. Failure to provide adequate documentation may result in suspension or termination of your account.

No Guarantee of Delivery

JobyDesk does not guarantee the delivery, timeliness, or receipt of any SMS, MMS, or voice communication. Messages may be filtered, blocked, delayed, or undelivered due to carrier policies, recipient device issues, network conditions, or other factors outside our control. You acknowledge that SMS and voice communications are inherently unreliable and that you bear the risk of non-delivery.

JobyDesk's enforcement actions are at our sole discretion and do not constitute a waiver of any rights or remedies.

7. Third-Party Services and Subprocessors

JobyDesk uses third-party providers, including but not limited to Telnyx, to enable SMS, voice communications, and other platform functionality.

Subprocessors

Our list of subprocessors may change. We will provide notice of material changes through the Service or by email.

No Liability for Third Parties

We are not responsible for:

• Carrier delays, filtering, blocking, or delivery failures
• Actions, policies, fees, or surcharges imposed by telecommunications providers
• Outages or service interruptions of third-party providers
• Changes to third-party APIs, pricing, or terms

Your use of third-party services through JobyDesk may be subject to their respective terms and policies.

8. Fees, Billing, and Subscriptions

Subscription Fees

Use of the Service requires a paid subscription. Fees and billing terms are described at signup or in your service agreement.

Auto-Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annually) at the then-current rate, unless you cancel before the renewal date.

Payment

You authorize us to charge your payment method for all applicable fees. If a payment fails, we may suspend the Service until payment is received and may charge a late fee.

Usage-Based Charges

SMS messages, voice calls, phone numbers, and certain other features incur usage-based charges in addition to subscription fees. These charges are billed monthly in arrears or deducted from prepaid balances.

Price Changes

We may change subscription fees with at least 30 days' notice. Continued use of the Service after the effective date of a price change constitutes acceptance of the new fees.

Refunds

All fees are non-refundable except as expressly stated or required by law. Cancellation does not entitle you to a refund of any prepaid amounts.

Taxes

Fees are exclusive of applicable taxes, which are your responsibility unless otherwise noted.

Carrier Pass-Through Fees

Carrier surcharges (including TCR campaign fees, 10DLC carrier fees, and other regulatory fees) are passed through to you and are subject to change based on carrier pricing.

9. Data Responsibility and Ownership

Your Data

You retain ownership of all data you upload, store, or transmit through the Service ("Customer Data"), including your customers' contact information.

License to Us

You grant JobyDesk a worldwide, non-exclusive, royalty-free license to use, process, store, transmit, and display Customer Data solely as necessary to provide the Service to you and as described in our Privacy Policy.

Your Warranties

You represent and warrant that:

• You have the legal right to collect, use, store, and transmit all Customer Data
• You have obtained all necessary consents, permissions, and authorizations from individuals whose data you upload
• Customer Data does not violate any law, regulation, or third-party right

Our Service

JobyDesk owns all rights, title, and interest in and to the Service, including the platform, software, code, design, branding, trademarks, and all related intellectual property. These Terms do not transfer any ownership rights to you.

Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without obligation or compensation to you.

10. Service Availability

We strive to provide reliable Service but do not guarantee uninterrupted, timely, secure, or error-free operation.

The Service may be subject to:

• Scheduled maintenance and updates
• Unscheduled downtime
• Delays or interruptions caused by third parties (including carriers and hosting providers)
• Outages caused by factors outside our reasonable control

We are not liable for any loss or damage resulting from Service unavailability.

11. 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, NON-INFRINGEMENT, OR ACCURACY.

JOBYDESK DOES NOT WARRANT THAT:

• THE SERVICE WILL MEET YOUR REQUIREMENTS
• THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• ANY ERRORS WILL BE CORRECTED
• THE SERVICE WILL ENSURE COMPLIANCE WITH ALL APPLICABLE LAWS APPLICABLE TO YOUR BUSINESS

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JOBYDESK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL JOBYDESK'S TOTAL CUMULATIVE LIABILITY EXCEED THE AMOUNT PAID BY YOU TO JOBYDESK IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STATUTE, OR OTHERWISE).

Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless JobyDesk, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of or access to the Service
• Your violation of these Terms
• Your violation of any law, regulation, or third-party right
• Your communications with customers, including SMS and voice messages
• Your failure to obtain or maintain proper consent for communications
• Any TCPA, CAN-SPAM, or similar regulatory claim arising from your activities
• Any Customer Data you upload, store, or transmit through the Service
• Any dispute between you and your customers, employees, or third parties

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

14. Termination

Termination by You

You may cancel your account at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period.

Termination by Us

We may suspend or terminate your account immediately, without notice, if you:

• Violate these Terms
• Engage in prohibited messaging practices
• Fail to pay applicable fees
• Create legal, regulatory, or operational risk for JobyDesk
• Engage in fraudulent or abusive activity

We may also terminate your account for any reason with 30 days' notice.

Effect of Termination

Upon termination:

• Your access to the Service will end
• You may export your Customer Data within 30 days of termination, after which we may delete it
• Outstanding fees become immediately due and payable
• Provisions that by their nature should survive termination (including ownership, warranties, indemnification, limitation of liability, and dispute resolution) will survive

Data Export

We will provide reasonable means for you to export your Customer Data prior to deletion. After 30 days post-termination, we are not obligated to retain or provide access to your data.

15. Modifications to the Service

We reserve the right to modify, update, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation.

16. Dispute Resolution and Arbitration

Informal Resolution

Before filing any formal dispute, you agree to contact us at support@jobydesk.com and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration

Any dispute arising from or related to these Terms or the Service that cannot be resolved informally shall be resolved through binding individual arbitration rather than in court, except as expressly set forth below.

Arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Ada County, Idaho or via video conference at the arbitrator's discretion.

Class Action Waiver

You and JobyDesk agree that disputes will be resolved on an individual basis only. Class actions, collective actions, and representative proceedings are not permitted. Neither party may serve as a class representative or participate in a class proceeding.

Exceptions

The following are excluded from arbitration:

• Claims for injunctive relief related to intellectual property
• Small claims court actions (where applicable)
• Disputes that cannot be arbitrated under applicable law

Opt-Out

You may opt out of this arbitration provision by sending written notice to support@jobydesk.com within 30 days of first accepting these Terms.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Idaho, without regard to its conflict of law principles. Subject to the arbitration clause above, any legal action shall be brought exclusively in the state or federal courts located in Ada County, Idaho, and you consent to the personal jurisdiction of those courts.

18. Force Majeure

Neither party is liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, government actions, network or carrier outages, internet failures, pandemics, or labor disputes.

19. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through the Service or by email at least 30 days before taking effect. Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms.

If you do not agree to updated Terms, you must stop using the Service and may cancel your account.

20. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and SMS Terms, constitute the entire agreement between you and JobyDesk regarding the Service and supersede any prior agreements or understandings.

Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

No Waiver

Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Relationship

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and JobyDesk.

Notices

We may provide notice to you through the Service, via email to your account email, or by posting on our website. Notices to us should be sent to support@jobydesk.com.

Headings

Section headings are for convenience only and do not affect interpretation.

21. Contact Information

If you have questions about these Terms, please contact us: