Terms of Service

1. Agreement and who it covers

These Terms of Service (the “Terms”) are a binding contract between LolaDesk (“LolaDesk,” “we,” “us”) and the business or person that creates an account or uses the Service (“Customer,” “you”). If you accept these Terms on behalf of a company, you represent that you have authority to bind it.

You accept these Terms by checking the acceptance box at sign-up, by clicking to subscribe, or by using the Service. If you do not agree, do not use the Service.

These Terms incorporate the Privacy Policy, Acceptable Use Policy, Messaging Terms, Data Processing Addendum and AI & Call Recording Notice. If they conflict, these Terms control, except that the DPA controls for the processing of Client Data.

2. Definitions

• Service: the LolaDesk platform, including the AI assistant “Lola,” phone numbers, calling, texting, website widgets, booking, marketing, payments features, dashboards, APIs and related support.
• Customer Data: data you or your users submit to the Service, including your business information.
• Client Data: personal information about your own clients and callers that the Service processes on your behalf (names, phone numbers, appointments, messages, call recordings and transcripts).
• Output: text, speech, summaries, messages, bookings or other content generated by the Service, including by AI.

3. Eligibility; business use only

The Service is for businesses and professionals only, not for personal, family or household use. You must be at least 18 and able to form a binding contract. You must provide accurate account information and keep it current.

You are responsible for all activity under your account, for your staff’s use, and for keeping credentials (including two-step verification) secure. Notify us immediately at legal@loladesk.com of any unauthorized use.

4. The Service and AI features

LolaDesk provides an AI assistant that answers calls, texts and website chats on your behalf, books and manages appointments, sends confirmations, reminders and campaigns you approve or enable, and provides business insights.

AI is not perfect. Output is generated automatically and may be inaccurate, incomplete or inappropriate. You are responsible for configuring the Service (services, prices, hours, policies, instructions), for reviewing Output and bookings, and for decisions you make based on Output. Do not rely on the Service for medical, legal or financial advice to your clients.

Autopilot and automation features act on your behalf according to the settings you choose. You may turn them off at any time. Actions you approve, or that run while a feature is enabled, are your instructions.

We may improve, change or discontinue features. We will not materially reduce the core functionality of a paid plan during a paid term without notice.

5. Your responsibilities and legal compliance

You are solely responsible for complying with all laws that apply to your business and to your communications with your clients, including:

• Texting and calling laws: the Telephone Consumer Protection Act (TCPA), the Florida Telephone Solicitation Act and similar state laws, carrier and CTIA guidelines, and 10DLC registration requirements. You must obtain and keep records of any consent required to text or call your clients, especially prior express written consent before marketing messages, honor opt-outs, and respect quiet hours.
• Call recording and AI disclosure: you must ensure callers receive any notice and give any consent required for recording and for interacting with an AI. Florida and several other states require all-party consent to record calls. The Service plays a recording and AI notice; you must not disable or contradict it.
• Privacy laws: you are responsible for having a lawful basis and giving any notices required to collect and share your clients’ information with us.
• Health information: unless we sign a written Business Associate Agreement with you, the Service is not designed for protected health information (PHI) under HIPAA. Med spas and clinics must not use the Service to store or transmit medical records, diagnoses or treatment details.
• Your own policies: deposits, cancellation and no-show fees you charge are your policies; you must disclose them to clients and charge them lawfully.

You will comply with the Acceptable Use Policy.

6. Phone numbers, calling and texting

Phone numbers are provided through our licensed telecommunications partners (currently Telnyx). Numbers are assigned to your account while your subscription is active and in good standing. On request and where technically possible, you may port a number out within 30 days after cancellation; after that the number may be released.

Message and call delivery depends on carriers and networks outside our control. Carriers may filter, delay or block traffic, and messaging may require 10DLC brand and campaign registration, which may involve third-party fees and approval delays.

No emergency calls. The Service is not a telephone service for emergency calling and does not support 911 or other emergency services. Lola cannot dispatch help. Your clients and staff must call 911 directly from a regular phone in an emergency.

7. Fees, trials and billing

You agree to pay the fees for your plan as shown at checkout or on your billing page, plus any usage-based fees we disclose (such as per-appointment booking fees, additional numbers, or messaging and calling beyond plan limits). Payments are processed by Stripe; we do not store full card numbers.

Automatic renewal. Subscriptions renew automatically each billing period until cancelled. By subscribing you authorize us to charge your payment method for each renewal and for usage fees. You can cancel anytime in Billing; cancellation takes effect at the end of the current period.

Free trials. If you start a trial with a payment method, your paid subscription begins and is charged automatically when the trial ends unless you cancel before then.

Refunds. Except where required by law or stated in writing by us, fees are non-refundable, including for partial periods and unused features.

Changes and taxes. We may change prices with at least 30 days’ notice; changes apply from your next renewal. Fees exclude taxes, which you are responsible for (other than taxes on our income).

Late payment. If payment fails, we may retry the charge, suspend the Service after notice, and recover reasonable collection costs. Disputing a valid charge with your bank instead of contacting us first is a breach of these Terms.

8. Customer Data, Client Data and privacy

As between the parties, you own Customer Data and Client Data. You grant us a worldwide, non-exclusive license to host, process, transmit and display that data as needed to provide, secure, support and improve the Service, and as described in the Privacy Policy and DPA.

We act as your service provider / processor for Client Data and process it only on your instructions as set out in the DPA. We do not sell Client Data and we do not use it to train general-purpose AI models.

We may create and use de-identified and aggregated data (for example, overall booking rates) that does not identify you or any individual, to operate and improve the Service.

You may export your data while your account is active. After termination, we will delete or return Client Data as described in the DPA.

9. Our intellectual property

The Service, Lola’s name, voice and visual identity, software, models, prompts, designs and documentation are owned by LolaDesk or its licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription for your internal business purposes.

You may not copy, modify, resell, sublicense, frame or reverse engineer the Service, use it to build a competing product, scrape it, or remove proprietary notices. Feedback you give us may be used freely without obligation.

10. Third-party services

The Service connects to third-party services (for example Telnyx, Stripe, Google, Square, Vagaro, ElevenLabs). Your use of them is governed by their terms, and we are not responsible for third-party services, their availability or their acts. Connecting an integration authorizes us to exchange data with it on your behalf.

11. Confidentiality and security

Each party will protect the other’s non-public information with reasonable care and use it only to perform under these Terms. We maintain administrative, technical and physical safeguards appropriate to the risk, described in the DPA. No system is perfectly secure, and you are responsible for securing your devices, credentials and staff access.

12. Suspension and termination

You may terminate at any time by cancelling in Billing. We may suspend or terminate the Service immediately if you breach these Terms or the Acceptable Use Policy, create legal, security or carrier risk (including spam complaints or carrier violations), fail to pay, or if required by law or by a carrier. Where reasonable we will give notice first.

On termination your right to use the Service ends. Sections that by their nature should survive (including fees owed, data, intellectual property, disclaimers, limitation of liability, indemnity and dispute resolution) survive.

13. Disclaimers

The Service and all Output are provided “as is” and “as available.” To the maximum extent permitted by law, LolaDesk disclaims all warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy and uninterrupted or error-free operation. We do not warrant that calls or messages will be answered, delivered or received, that bookings will be accurate, that AI Output will be correct, or that the Service will increase your revenue.

14. Limitation of liability

To the maximum extent permitted by law: (a) neither party is liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, appointments, goodwill or data, even if advised of the possibility; and (b) LolaDesk’s total liability arising out of or relating to the Service or these Terms will not exceed the fees you paid to LolaDesk in the twelve (12) months before the event giving rise to the claim.

These limits do not apply to your payment obligations, your indemnity obligations, or your breach of the Acceptable Use Policy or Section 5, or where the law does not allow them.

15. Indemnification

You will defend, indemnify and hold harmless LolaDesk, its owners, officers, employees, contractors and partners from and against any claims, damages, fines, penalties, losses and costs (including reasonable attorneys’ fees) arising from: (a) your Customer Data or Client Data; (b) your communications with your clients, including any claim under the TCPA or other telemarketing, texting, recording or privacy law; (c) your breach of these Terms, the Acceptable Use Policy or the law; or (d) your products, services, prices, policies or treatments.

We will defend you against third-party claims that the Service, as provided by us, infringes a U.S. patent, copyright or trademark, and pay resulting damages finally awarded, except claims arising from your data, your modifications, or combinations with items we did not provide. This is your exclusive remedy for infringement.

16. Dispute resolution; arbitration; class-action waiver

Informal first. Before filing a claim, the complaining party must send a written description of the dispute to the other (to us at legal@loladesk.com) and try in good faith to resolve it for 30 days.

Binding arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in Miami-Dade County, Florida. Judgment on the award may be entered in any court with jurisdiction. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect its intellectual property or confidential information.

Class-action and jury waiver. Claims may be brought only in an individual capacity, not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or award class-wide relief. Each party waives any right to a jury trial.

Time limit. Any claim must be brought within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.

Opt-out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@loladesk.com with your name, business and a clear statement that you opt out.

17. Governing law and venue

These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to the arbitration section, the state and federal courts located in Miami-Dade County, Florida have exclusive jurisdiction, and both parties consent to that venue.

18. Changes to these Terms

We may update these Terms. If a change is material, we will give at least 15 days’ notice by email or in the app before it takes effect, except changes required by law or for security, which may take effect sooner. Continuing to use the Service after the effective date means you accept the change. If you do not agree, cancel before it takes effect.

19. General

These Terms (with the documents they incorporate) are the entire agreement and supersede prior agreements on the subject. If any provision is unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect. Failure to enforce is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control (force majeure), including carrier and cloud provider outages. The parties are independent contractors. Notices to us must be sent to legal@loladesk.com; we may notify you at your account email or in the app. Electronic acceptance and notices satisfy any writing requirement.