Terms of Service

Last updated: 4 April 2026

These Terms of Service ("Terms") govern access to and use of the 42Desk platform ("Service") operated by 42Desk ("42Desk","we", "us", or "our"). By registering for or using the Service you ("Operator") accept these Terms in full on behalf of yourself and any organisation you represent. If you do not accept these Terms, do not use the Service.

1. Definitions

• "AI Agent" means a voice or text-based conversational agent deployed through the Service and powered by generative artificial intelligence large language models (LLMs).
• "AI Output" means any text, speech, recommendation, or response generated by an AI Agent.
• "Operator" means the business, clinic, or legal entity that subscribes to and configures the Service.
• "End User" means any third party (including patients, customers, or callers) who interacts with an AI Agent deployed by an Operator.
• "Platform" means the software, infrastructure, APIs, and dashboards provided by 42Desk.
• "Content" means any information, data, scripts, or configurations uploaded or provided by Operators to the Platform.

2. Eligibility and Acceptance

The Service is available exclusively to legal entities and individuals acting in a professional or commercial capacity (B2B). By accepting these Terms you represent and warrant that you are at least 18 years of age, have full legal capacity to enter into a binding agreement, and are authorised to bind any organisation on whose behalf you act. Consumer use of the Service is not permitted.

3. Service Description

42Desk provides a Platform that enables Operators to create, configure, and deploy AI Agents to handle inbound and outbound telephone calls and other interactions with their End Users. The Platform integrates with third-party voice synthesis, telephony, and payment infrastructure. 42Desk is a technology platform provider only; it is not a healthcare provider, medical adviser, legal adviser, financial adviser, or professional services firm of any kind. Phone numbers made available through the Service are provisioned via our telephony provider (Telnyx) and remain the property of that provider. Numbers are assigned to Operators for use during the term of their subscription and are returned to the telephony provider's pool upon account closure. Numbers cannot be ported out.

3.1 Emergency Services

The Service does not provide access to emergency services. AI Agents deployed through the Platform must not be configured or used as a means of contacting emergency services (such as 112 or 911). End Users requiring emergency assistance must contact emergency services directly through standard telephone networks. Operators must not present the Service as a substitute for emergency communication capabilities.

4. AI-Powered Features — Mandatory Disclosures and Limitations

4.1 Nature of AI Agents

AI Agents deployed through the Platform are powered by generative artificial intelligence large language models (LLMs) provided by third-party AI suppliers. These systems generate responses through statistical pattern-matching and probabilistic inference. They do not possess human understanding, professional judgement, consciousness, or the ability to verify facts independently.

4.2 Accuracy of AI Output — Explicit Warning

AI Agents may generate responses that are inaccurate, incomplete, out of date, misleading, biased, factually incorrect, or otherwise unsuitable for the purpose for which they are requested. This is an inherent characteristic of current generative AI technology. 42Desk does not guarantee, and expressly disclaims all warranties as to, the accuracy, reliability, fitness for purpose, completeness, or correctness of any AI Output. Operators and End Users must not rely on AI Output as a substitute for professional advice.

4.3 Prohibited Reliance — Healthcare and High-Stakes Decisions

AI Agents must not be configured or used to provide, replace, or supplement medical diagnosis, treatment recommendations, prescription guidance, emergency triage, legal advice, financial advice, or any other output that may materially affect the health, safety, financial situation, or legal position of any person. Operators deploying the Service in clinical or healthcare-adjacent environments remain solely responsible for ensuring that no AI Output is presented to End Users as medical advice and that appropriate human oversight is maintained at all times.

4.4 EU AI Act Transparency Obligation

In compliance with Regulation (EU) 2024/1689 (the EU Artificial Intelligence Act), Operators are required to ensure that End Users are clearly and unambiguously informed, before or at the start of any interaction, that they are communicating with an AI Agent and not a human. Failure to make this disclosure is a breach of these Terms and may constitute a violation of applicable law. 42Desk's Platform includes configurable disclosure features to assist Operators in meeting this obligation; however, ultimate responsibility for compliance rests with the Operator.

4.5 No Liability for AI Output

42Desk accepts no responsibility and shall have no liability whatsoever, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss, damage, harm, or adverse consequence arising from or in connection with any AI Output, including but not limited to incorrect information, hallucinations, omissions, misleading statements, or any action taken or not taken in reliance on AI Output. This exclusion applies to losses suffered by Operators, End Users, and any third parties.

4.6 Transcript Accuracy

Call transcripts are generated automatically by AI speech-to-text processing and are subject to the same accuracy limitations described in Section 4.2. Transcripts may contain errors, omissions, or misattributions inherent to automated transcription. Operators must not rely on transcripts as legally accurate records of conversations, and must not use them as evidence in legal, regulatory, or disciplinary proceedings without independent verification.

5. Operator Responsibilities

Operators are solely responsible for:

• Configuring AI Agents appropriately for their use case and verifying that agent behaviour is suitable before deployment to End Users.
• Implementing and maintaining adequate human oversight of AI Agent interactions, including the ability to escalate calls or queries to a human operative.
• Ensuring all End Users are informed that they are interacting with an AI Agent as required by Section 4.4 and applicable law.
• Obtaining all necessary consents from End Users for call recording, data processing, and any other regulated activity in connection with use of the Service.
• Ensuring that their use of the Service and deployment of AI Agents complies with all applicable laws and regulations, including but not limited to the EU AI Act, GDPR, ePrivacy Directive, and any sector-specific regulations applicable to their industry.
• Not deploying AI Agents for any purpose classified as "unacceptable" or "high risk" under the EU AI Act without ensuring full compliance with the requirements applicable to that risk category.
• Maintaining accurate and lawful Content uploaded to the Platform.
• Ensuring that End Users are informed that calls may be automatically transcribed, and obtaining any additional consent required for automated transcription under applicable law, separately from consent for call recording where the two are treated as distinct activities under local regulation.
• Not using the Service to conduct unsolicited marketing or promotional calls, and complying with all applicable communications regulations including Directive 2002/58/EC (ePrivacy Directive) and any national implementing legislation governing automated or AI-assisted calling.

6. Account Security

Operators are responsible for maintaining the confidentiality of account credentials and for all activity that occurs under their account, whether or not authorised. You must notify 42Desk immediately at security@42desk.com if you suspect any unauthorised access or security breach.

7. Billing and Cancellation

Subscriptions are billed monthly in advance. Usage-based charges (such as per-minute call fees) are billed in arrears at the end of each billing period. All fees are exclusive of VAT and other taxes, which shall be added where applicable. You authorise 42Desk to charge your payment method on the recurring basis you select. Failure to pay may result in suspension or termination of the Service.

You may cancel your subscription at any time from the billing dashboard. Cancellation takes effect at the end of the current billing period. No refunds are issued for partial subscription months or for unused call credits. 42Desk reserves the right to modify pricing on thirty (30) days' written notice.

8. Acceptable Use

You must not use the Service to:

• Engage in any unlawful activity or facilitate the commission of any offence under applicable law.
• Harass, threaten, deceive, or harm any individual.
• Generate, transmit, or store content that is defamatory, obscene, discriminatory, or otherwise objectionable.
• Impersonate any person or entity, or misrepresent your identity or affiliation.
• Circumvent, disable, or interfere with any security or access control features of the Platform.
• Use the Service in a way that could damage, overburden, or impair the Platform or the experience of other users.
• Train, fine-tune, or otherwise use AI Output to develop competing AI models or services without prior written consent from 42Desk.
• Attempt to extract, reverse-engineer, or replicate any underlying model, algorithm, or proprietary technology of the Platform.
• Conduct robocalling, spam calls, unsolicited commercial communications, or any calling activity that violates applicable telecommunications regulations.
• Attempt to route emergency calls or provide emergency response capabilities through the Platform.

42Desk reserves the right to suspend or terminate any account found to be in breach of this section immediately and without notice.

9. Intellectual Property

42Desk and its licensors retain all intellectual property rights in the Platform, including software, documentation, trademarks, and any improvements or modifications thereto. Operators retain ownership of their Content. By uploading Content to the Platform, Operators grant 42Desk a non-exclusive, worldwide, royalty-free licence to use, process, and reproduce that Content solely to the extent necessary to provide the Service. No rights are granted beyond what is expressly set out in these Terms.

10. Data Processing

To the extent that Operators process personal data of End Users through the Service, the Operator acts as data controller and 42Desk acts as data processor within the meaning of Regulation (EU) 2016/679 (GDPR). A Data Processing Agreement ("DPA") forming part of these Terms governs such processing. Operators warrant that they have a lawful basis for transferring personal data to 42Desk and that their privacy notices accurately disclose the use of AI-powered voice processing. Our Privacy Policy describes how 42Desk processes its own account and platform data.

11. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party in connection with the Service and to use such information only for the purposes contemplated by these Terms. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, is independently developed, or must be disclosed by law or court order.

12. Limitation of Liability

To the fullest extent permitted by applicable law:

• Exclusion of consequential loss. 42Desk shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or loss of anticipated savings, even if advised of the possibility of such damages.
• AI Output. As set out in Section 4.5, 42Desk accepts no liability for any loss or damage arising from AI Output.
• Aggregate cap. 42Desk's total aggregate liability to an Operator in connection with any and all claims arising under or in connection with these Terms in any twelve-month period shall not exceed the total fees paid by that Operator to 42Desk in the three (3) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

13. Indemnification

Operators shall defend, indemnify, and hold harmless 42Desk, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) the Operator's use of the Service; (b) any Content uploaded by the Operator; (c) any interaction between an AI Agent deployed by the Operator and an End User; (d) the Operator's breach of these Terms; or (e) the Operator's violation of any applicable law or third-party right.

14. Service Availability and Modifications

42Desk will use commercially reasonable efforts to maintain Service availability but does not guarantee uninterrupted or error-free operation. The Platform relies on third-party AI, telephony, and cloud infrastructure providers whose availability is beyond our direct control. 42Desk reserves the right to modify, suspend, or discontinue any feature of the Service with reasonable notice, except where immediate action is required for security or legal compliance reasons.

15. Modifications to These Terms

42Desk may update these Terms at any time. Material changes will be communicated by email or by a notice prominently displayed in the Platform at least fourteen (14) days before taking effect. Continued use of the Service after the effective date of any change constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service before the effective date.

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Portugal and the applicable law of the European Union. Any dispute arising out of or in connection with these Terms that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the competent courts of Lisbon, Portugal, without prejudice to mandatory consumer or employee protection provisions that may apply in another jurisdiction.

17. General

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force. 42Desk's failure to enforce any right or provision of these Terms does not constitute a waiver of that right. These Terms, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements or representations relating to its subject matter.

18. Contact

For legal enquiries: legal@42desk.com