Terms of Service

These Terms of Service ("Terms") govern your access to and use of the DeskStack website, hosted helpdesk platform, managed helpdesk services, customer portals, integrations, connected mailboxes, communications, and related products, features, applications, tools, and services, collectively referred to as the "Service." These Terms form a binding agreement between DeskStack ("DeskStack," "we," "us," or "our") and the person, business, organization, entity, or other party accessing or using the Service ("Customer," "you," or "your").

By accessing or using the Service, creating an account, subscribing to a plan, requesting a demo, connecting a mailbox, inviting users, submitting information, or otherwise using any part of the Service, you represent and warrant that you have read, understood, and agree to be bound by these Terms. If you are accessing or using the Service on behalf of a company, organization, or other entity, you represent and warrant that you have authority to bind that entity to these Terms, and references to "you" and "Customer" will include that entity. If you do not agree to these Terms, or if you do not have authority to agree to these Terms on behalf of the applicable entity, you must not access or use the Service.

These Terms should be read together with DeskStack's Privacy Policy, Data Processing Agreement, Acceptable Use Policy, Cookie Policy, Subprocessor List, order form, service plan, invoice, statement of work, or any other written agreement, document, or policy that expressly applies to your use of the Service.

1. The Service

DeskStack provides a hosted and managed helpdesk platform designed to help businesses manage shared inboxes, email-to-ticketing, customer support messages, internal notes, assignments, tags, workflows, automations, reporting, connected mailboxes, and related support operations. The Service may include setup, hosting, configuration, support, maintenance, updates, integrations, and related managed services, depending on your plan, order, or written agreement with DeskStack.

DeskStack may modify, improve, update, replace, suspend, discontinue, or remove features, functionality, modules, integrations, user interfaces, workflows, service configurations, or technical components of the Service from time to time. DeskStack does not guarantee that any particular feature, integration, module, workflow, configuration, or functionality will remain available indefinitely unless expressly agreed in writing. The Service may be provided using DeskStack-owned technology, third-party technology, open-source software, infrastructure providers, hosting services, email services, payment processors, analytics tools, security tools, monitoring tools, and other service providers.

2. Eligibility and Business Use

The Service is intended for business and organizational use only. By using the Service, you represent and warrant that you are legally capable of entering into a binding agreement, that you are using the Service for lawful business purposes, and that your use of the Service will comply with all applicable laws, regulations, contractual obligations, third-party rights, and these Terms.

The Service is not intended for personal, household, consumer, emergency, life-safety, high-risk, medical, legal, financial advisory, regulated professional, or mission-critical use unless expressly agreed in writing. DeskStack does not provide legal, financial, medical, compliance, professional, or regulatory advice through the Service.

3. Accounts, Users, and Access

You may be required to create an account to access or use the Service. You agree to provide accurate, complete, and current account, billing, administrative, and contact information and to keep such information updated. DeskStack may rely on the account information you provide to send notices, invoices, security alerts, renewal information, service updates, and other communications.

You are responsible for maintaining the confidentiality and security of account credentials, administrator credentials, user logins, connected mailboxes, API keys, authentication tokens, and any other access credentials used in connection with the Service. You are responsible for all activities that occur under your account, workspace, users, integrations, connected mailboxes, and credentials, whether or not authorized by you. DeskStack is not responsible for loss, damage, disclosure, interruption, misuse, or unauthorized access resulting from your failure to secure your account, credentials, devices, networks, mailboxes, users, integrations, or configurations.

Each user account must be used only by the individual assigned to that account unless DeskStack expressly permits otherwise in writing. You are responsible for ensuring that your users comply with these Terms and for promptly removing or disabling access for users who no longer require access. DeskStack may suspend, restrict, or disable accounts, users, credentials, or access where DeskStack reasonably believes there is a security risk, unauthorized use, misuse, breach of these Terms, payment issue, legal risk, or operational risk.

4. Plans, Orders, and Subscriptions

Your right to access and use the Service is subject to your selected plan, order form, subscription, invoice, service description, written agreement, or other applicable usage limitations. Plans may vary by number of users, mailboxes, workspaces, storage, features, modules, support level, integrations, usage volume, setup scope, onboarding scope, automation capabilities, reporting capabilities, and other limits or entitlements.

Unless otherwise expressly agreed in writing, subscription access is provided on a recurring basis and continues until cancelled, suspended, terminated, or expired in accordance with these Terms. DeskStack may enforce plan limits, usage limits, mailbox limits, storage limits, user limits, or other restrictions applicable to your account. DeskStack may charge additional fees or require a plan upgrade if your usage exceeds applicable limits, if you request additional users, mailboxes, services, integrations, support, customizations, or setup work, or if your usage creates unusual operational, technical, support, infrastructure, security, or business burden.

5. Usage Limits, Fair Use, and Service Capacity

DeskStack may apply usage limits, fair use limits, rate limits, mailbox limits, storage limits, user limits, attachment limits, ticket volume limits, API limits, automation limits, import limits, export limits, support limits, or other technical, operational, or commercial restrictions to the Service, whether or not such limits are expressly stated in a plan description. DeskStack may monitor usage for billing, security, abuse prevention, performance, operational planning, and enforcement of these Terms.

If DeskStack reasonably determines that Customer's usage exceeds ordinary or commercially reasonable levels, creates excessive load, degrades the Service, affects other customers, increases infrastructure or support burden, violates fair use expectations, or creates legal, security, operational, provider, deliverability, or business risk, DeskStack may require Customer to reduce usage, upgrade plans, pay additional fees, modify configurations, or accept reasonable technical limitations.

DeskStack may throttle, rate limit, delay, reject, suspend, or restrict activity where necessary to protect the Service, maintain platform stability, comply with third-party provider restrictions, prevent abuse, manage infrastructure, preserve deliverability, or enforce applicable limits. DeskStack is not responsible for any loss, delay, non-delivery, processing failure, reduced functionality, or interruption resulting from enforcement of usage limits, provider limits, abuse controls, security controls, or fair use restrictions.

6. Fees, Billing, and Payment

You agree to pay all fees, charges, taxes, and other amounts associated with your use of the Service, including any setup fees, subscription fees, user fees, mailbox fees, usage-based fees, overage fees, professional service fees, support fees, customization fees, taxes, and other charges described at checkout, on the pricing page, in an invoice, order form, service plan, statement of work, or other applicable agreement.

Unless otherwise expressly stated in writing, setup fees, onboarding fees, professional service fees, and prepaid fees are non-refundable. Subscription fees are billed in advance and are non-refundable except where required by applicable law or expressly agreed in writing by DeskStack. If you cancel during a billing period, cancellation will generally take effect at the end of the then-current billing period, and you will not be entitled to a refund, credit, or proration for unused time unless required by law or expressly agreed in writing.

Unless otherwise expressly agreed in writing, subscriptions renew automatically on a recurring basis until cancelled in accordance with these Terms. Customer authorizes DeskStack and its payment processors to automatically charge the applicable payment method for recurring subscription fees, setup fees, usage fees, overage fees, taxes, and other amounts due. Customer remains responsible for all fees incurred before cancellation, suspension, or termination becomes effective.

You authorize DeskStack and its payment processors to charge your payment method for all applicable fees and charges. You are responsible for maintaining a valid payment method and accurate billing information. If payment is not received when due, DeskStack may retry payment, contact you regarding payment, charge late fees or recovery costs where permitted by law, suspend or restrict access to the Service, disable features, stop setup or support work, withhold exports or transition assistance to the extent permitted by law, or terminate your account after notice where commercially reasonable.

If Customer believes an invoice or charge is incorrect, Customer must notify DeskStack within a reasonable period after the invoice or charge is issued and provide sufficient detail to allow DeskStack to investigate. Customer's failure to timely dispute an invoice may constitute acceptance of the invoice to the maximum extent permitted by applicable law. Customer may not withhold undisputed amounts because of a dispute regarding other amounts. DeskStack may correct billing errors, issue adjustments, or offset amounts in its discretion or as required by law.

If Customer initiates a chargeback, payment reversal, payment dispute, or similar action without first attempting to resolve the matter with DeskStack, DeskStack may suspend, restrict, or terminate the Service, recover chargeback fees, require payment by alternative method, disable future automatic billing, or require prepayment before restoring access. Chargebacks do not relieve Customer of payment obligations for valid fees, taxes, or charges.

DeskStack may change pricing, fees, plan structures, billing methods, inclusions, limits, or subscription terms from time to time. Unless otherwise stated, changes to recurring fees will take effect at the start of your next billing cycle, renewal term, or such later date as DeskStack may specify. Continued use of the Service after pricing changes become effective constitutes acceptance of the updated pricing.

7. Taxes, Currency, and Price Display

Unless expressly stated otherwise, all prices are exclusive of taxes, duties, levies, withholding, foreign exchange costs, bank fees, payment processor fees, and governmental charges. Customer is responsible for all taxes and charges associated with its purchase or use of the Service, other than taxes based solely on DeskStack's net income. If DeskStack is required to collect or remit taxes, such taxes may be added to invoices or charges.

Prices may be displayed or charged in a particular currency depending on plan, checkout flow, invoice, region, or payment processor configuration. Customer is responsible for any currency conversion, payment processor, bank, card issuer, or foreign exchange fees. DeskStack is not responsible for differences caused by exchange rates, card issuer policies, banking fees, or payment processor calculations.

If you are required by law to withhold any amounts from payments to DeskStack, you must increase the amount paid so that DeskStack receives the full amount that would have been received absent such withholding, unless prohibited by law.

8. Free Trials, Promotions, Beta Features, and Early Access

DeskStack may offer free trials, promotional plans, beta features, early access features, experimental features, or preview functionality at its discretion. Such offerings may be subject to additional terms, limitations, eligibility requirements, reduced support, limited availability, usage restrictions, or discontinuation at any time.

Beta, preview, experimental, early access, or trial features are provided for evaluation purposes and may be incomplete, unstable, unavailable, inaccurate, modified, or discontinued without notice. DeskStack does not guarantee that any beta, preview, trial, promotional, or experimental feature will become generally available or remain available. Such features are provided "as is" and "as available" to the maximum extent permitted by law.

9. Implementation, Customer Cooperation, and Delays

Customer acknowledges that setup, onboarding, mailbox connection, branding, configuration, migration, workflow setup, DNS configuration, authentication, testing, and launch activities may require Customer cooperation, third-party provider access, credentials, domain changes, approvals, timely responses, accurate information, and technical actions outside DeskStack's control. Customer is responsible for providing all access, information, assets, permissions, credentials, approvals, and cooperation reasonably required for DeskStack to perform setup, support, onboarding, or professional services.

DeskStack will not be responsible for delays, failed setup, incomplete configuration, launch delays, mailbox connection issues, delivery issues, migration limitations, DNS issues, authentication failures, provider restrictions, or support delays caused by Customer delay, Customer error, inaccurate information, missing access, third-party provider limitations, domain configuration problems, lack of cooperation, or Customer's failure to follow instructions. Any estimated timeline, launch date, delivery date, or completion date is an estimate only unless expressly stated in a signed written agreement.

10. Customer Data and Content

As between you and DeskStack, you retain ownership of Customer Data submitted to or processed through the Service, subject to the rights granted in these Terms and any applicable agreement. "Customer Data" includes data, content, messages, emails, tickets, files, attachments, contact details, internal notes, metadata, reports, records, and other materials submitted to, transmitted through, stored in, generated by, synchronized with, accessed through, or processed using the Service by or on behalf of you, your users, or your End Users.

You grant DeskStack a non-exclusive, worldwide, royalty-free license to host, process, transmit, store, copy, display, access, modify, format, route, synchronize, analyze, and otherwise use Customer Data solely as reasonably necessary to provide, secure, maintain, support, troubleshoot, improve, and administer the Service, to comply with law, to enforce these Terms, to prevent abuse, to address security incidents, and as otherwise permitted by applicable agreement or law.

You are solely responsible for Customer Data, including its legality, accuracy, quality, completeness, appropriateness, collection, use, disclosure, retention, deletion, and processing. You represent and warrant that you have all rights, consents, authorizations, permissions, notices, and lawful bases necessary to submit Customer Data to the Service and to permit DeskStack and its service providers to process Customer Data as contemplated by these Terms and the Privacy Policy.

DeskStack does not control, verify, endorse, review, approve, or assume responsibility for Customer Data or any content submitted by Customers, users, or End Users. DeskStack may remove, restrict, preserve, disclose, or disable access to Customer Data where DeskStack reasonably believes such action is necessary to comply with law, enforce these Terms, protect the Service, prevent harm, address security or operational issues, respond to legal process, or reduce legal, reputational, compliance, business, or technical risk.

11. Customer Responsibilities

Customer is solely responsible for its business operations, support processes, users, End Users, Customer Data, connected mailboxes, domains, configurations, integrations, communications, ticket handling, internal workflows, legal compliance, and decisions made using the Service. Customer is responsible for determining whether the Service is suitable for Customer's intended purpose and for ensuring that Customer's use of the Service complies with applicable laws, regulations, industry obligations, contractual obligations, privacy requirements, employment rules, records retention obligations, confidentiality obligations, anti-spam rules, consumer protection rules, and third-party provider requirements.

Customer is responsible for all acts and omissions of its users, administrators, employees, contractors, agents, representatives, End Users, and any person who accesses the Service through Customer's account, credentials, mailbox, domain, or integrations. Any breach of these Terms by Customer's users or anyone acting through Customer's account will be deemed a breach by Customer.

12. Privacy and Data Protection

Your use of the Service is subject to DeskStack's Privacy Policy. Where DeskStack processes personal information on your behalf as a processor, service provider, or similar role, such processing may also be governed by a Data Processing Agreement or other applicable written data protection terms.

You are responsible for providing all required privacy notices, obtaining all required consents, maintaining all lawful bases, responding to End User requests, and complying with all privacy, data protection, electronic communications, anti-spam, consumer protection, employment, records retention, industry-specific, and other laws applicable to your use of the Service and Customer Data. You are responsible for determining whether the Service is appropriate for your intended use and whether any data residency, cross-border transfer, retention, confidentiality, security, or regulatory requirements apply to you or your Customer Data.

13. Connected Mailboxes, Email Services, and Communications

The Service may allow you to connect or configure email accounts, mailboxes, forwarding addresses, SMTP services, IMAP services, Google Workspace accounts, Gmail accounts, Microsoft 365 accounts, Outlook accounts, or other communication services. By connecting any mailbox or communication service, you represent and warrant that you have all rights, authority, consents, permissions, and lawful bases necessary to permit DeskStack to access, synchronize, process, transmit, store, and display information from such account for the purpose of providing the Service.

You are solely responsible for the configuration, security, legality, deliverability, and use of connected mailboxes, forwarding rules, DNS settings, sending domains, email authentication, user permissions, mailbox credentials, and related communication settings. DeskStack is not responsible for email delivery failures, spam filtering, mailbox provider restrictions, rate limits, third-party outages, authentication failures, domain misconfiguration, DNS issues, incorrect forwarding, unauthorized mailbox access, or actions taken by third-party email providers.

Customer is solely responsible for the legality, accuracy, content, timing, recipients, consent status, unsubscribe handling, and compliance of all communications sent, received, routed, forwarded, or processed through the Service. Customer must comply with all applicable anti-spam, electronic communications, marketing, privacy, and consumer protection laws, including any consent, identification, unsubscribe, recordkeeping, and suppression-list requirements applicable to Customer's communications.

DeskStack does not guarantee inbox placement, email deliverability, sender reputation, spam classification, message acceptance, message formatting, message threading, or successful transmission or receipt of any email or communication. Email delivery may be affected by Customer configuration, DNS records, SPF, DKIM, DMARC, mailbox provider rules, recipient mail systems, spam filters, rate limits, reputation systems, blacklists, third-party outages, provider restrictions, or other factors outside DeskStack's control. DeskStack may suspend or restrict sending functionality where reasonably necessary to protect deliverability, prevent abuse, comply with provider rules, or reduce risk.

You agree not to use the Service to send spam, unlawful marketing, unsolicited bulk email, phishing messages, fraudulent communications, abusive communications, malware, harmful content, infringing content, or other prohibited communications. DeskStack may suspend or restrict email-related functionality if DeskStack reasonably believes your use may violate law, third-party provider requirements, anti-spam rules, acceptable use requirements, deliverability standards, or these Terms.

14. Acceptable Use

You may use the Service only for lawful business purposes and in accordance with these Terms, applicable documentation, applicable plan limits, and any usage restrictions communicated by DeskStack. You agree not to use the Service in any manner that violates applicable law, infringes third-party rights, misappropriates data, compromises security, disrupts service integrity, harms DeskStack or others, or exposes DeskStack to legal, technical, reputational, operational, or business risk.

Without limiting the foregoing, you must not use the Service to transmit, store, process, or facilitate unlawful, harmful, abusive, deceptive, defamatory, harassing, infringing, fraudulent, malicious, or otherwise objectionable content; send spam, phishing, malware, or unsolicited bulk communications; attempt to gain unauthorized access to the Service, systems, networks, accounts, mailboxes, or data; interfere with or disrupt the Service; bypass or probe security measures; reverse engineer, decompile, disassemble, copy, modify, scrape, crawl, or access the Service except as expressly permitted; use the Service for competitive benchmarking or competitive intelligence; resell, sublicense, lease, rent, time-share, or commercially exploit the Service without DeskStack's written permission; falsely imply affiliation with or endorsement by DeskStack; remove proprietary notices; or use the Service in violation of third-party terms, platform policies, or provider requirements.

DeskStack may investigate suspected violations and may suspend, restrict, disable, or terminate access to the Service if DeskStack reasonably believes that Customer, its users, End Users, content, configurations, integrations, or activities violate these Terms, applicable law, third-party rights, provider policies, or create risk to DeskStack, the Service, other customers, service providers, or the public.

15. Prohibited Industries and High-Risk Use

Unless expressly approved in writing by DeskStack, Customer may not use the Service in connection with activities, industries, or use cases that DeskStack determines, in its discretion, create heightened legal, regulatory, security, reputational, operational, or business risk. Such use cases may include unlawful activities, deceptive practices, spam operations, phishing, malware distribution, adult content businesses, gambling, controlled substances, weapons, surveillance, harassment, hate-related activity, high-risk financial services, regulated health services, emergency services, life-safety systems, or any activity prohibited by applicable payment processors, infrastructure providers, email providers, or other service providers.

DeskStack may refuse service, suspend access, restrict functionality, terminate accounts, or require additional review where DeskStack reasonably believes Customer's business, use case, content, communications, Customer Data, or End Users present heightened risk or violate these Terms, applicable law, provider policies, or DeskStack's risk standards.

16. Sensitive and Regulated Data

The Service is a general business helpdesk and email-to-ticketing platform. Unless expressly agreed in writing, the Service is not designed for storing or processing highly sensitive, special-category, regulated, restricted, or high-risk data. You must not submit, request, collect, store, or process such data through the Service unless you have determined that doing so is lawful, necessary, proportionate, appropriately protected, and permitted under your agreement with DeskStack.

Sensitive or regulated data may include, depending on jurisdiction, health information, medical records, biometric data, genetic data, payment card data, financial account numbers, government identification numbers, information about children, precise geolocation information, criminal offence data, information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, confidential legal information, regulated professional information, and other protected or restricted categories of information. DeskStack disclaims responsibility for Customer submission, collection, storage, use, or processing of such information in violation of these Terms, applicable law, or any applicable agreement.

17. Third-Party Services, Integrations, and Open-Source Software

The Service may interoperate with, rely on, or allow access to third-party services, including hosting providers, payment processors, email providers, authentication providers, analytics providers, communication platforms, storage providers, monitoring tools, security tools, modules, extensions, APIs, and integrations. Third-party services are not controlled by DeskStack and may be subject to separate terms, privacy notices, fees, limitations, availability, and data handling practices.

You are solely responsible for reviewing, approving, enabling, configuring, and using third-party services. DeskStack is not responsible for the availability, security, performance, legality, functionality, support, data practices, outages, errors, acts, omissions, or changes of third-party services. DeskStack is not liable for any loss, damage, interruption, disclosure, deletion, or other issue arising from or related to third-party services, integrations, provider restrictions, provider outages, Customer configurations, or Customer-directed use of third-party services.

The Service may include, be based on, interoperate with, or be distributed with open-source software or third-party software components. Nothing in these Terms limits rights you may have under applicable open-source licenses. However, except to the extent required by applicable open-source licenses, these Terms do not grant you ownership of or rights in DeskStack technology, configurations, branding, documentation, workflows, service design, managed services, proprietary materials, or other DeskStack intellectual property.

18. API, Automation, and Integrations

If DeskStack makes available APIs, webhooks, automation tools, import tools, export tools, scripts, connectors, modules, or integration functionality, Customer may use such functionality only in accordance with applicable documentation, plan limits, technical restrictions, security requirements, and these Terms. DeskStack may modify, limit, suspend, deprecate, or discontinue APIs, webhooks, automation functionality, endpoints, rate limits, authentication methods, payload formats, integrations, or modules at any time.

Customer is responsible for all activity conducted through APIs, webhooks, automations, scripts, connectors, credentials, tokens, and integrations associated with Customer's account. Customer must secure API keys, authentication tokens, webhooks, connected applications, and automation rules. DeskStack is not responsible for data loss, disclosure, errors, duplication, misrouting, unauthorized access, failed workflows, incorrect outputs, or operational issues caused by Customer-created automations, third-party integrations, scripts, webhooks, API use, or misconfigured workflows.

19. Import, Migration, and Data Conversion

DeskStack may assist with importing, migrating, converting, configuring, or transferring data from Customer systems, mailboxes, spreadsheets, files, or third-party platforms. Customer acknowledges that migrations and imports may be incomplete, inaccurate, delayed, limited, or unsuccessful due to data quality, source-system limitations, export formats, missing fields, API restrictions, third-party platform limitations, attachment size, corrupted files, duplicate records, unsupported formats, rate limits, mapping decisions, or other technical constraints.

Customer is responsible for reviewing imported, migrated, converted, or configured data for accuracy, completeness, and suitability. Unless expressly agreed in writing, DeskStack does not guarantee successful migration, complete historical import, preservation of formatting, preservation of metadata, deduplication, attachment transfer, field mapping accuracy, ticket threading accuracy, or compatibility with any third-party system.

20. Intellectual Property

DeskStack and its licensors retain all rights, title, and interest in and to the Service, including all software, technology, systems, workflows, templates, interfaces, designs, documentation, branding, logos, trademarks, service marks, trade names, domain names, know-how, improvements, modifications, configurations, processes, and other intellectual property associated with the Service, excluding Customer Data.

Subject to your compliance with these Terms and payment of applicable fees, DeskStack grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the applicable subscription term solely for your internal business purposes and only in accordance with these Terms, your plan, and applicable documentation. No rights are granted except as expressly set out in these Terms.

You must not copy, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, access source code of, frame, mirror, scrape, resell, sublicense, distribute, or otherwise exploit the Service except as expressly permitted by DeskStack in writing or by applicable law.

21. Reservation of Rights

Except for the limited rights expressly granted to Customer under these Terms, DeskStack and its licensors reserve all rights, title, and interest in and to the Service, DeskStack technology, DeskStack branding, software, systems, processes, templates, configurations, workflows, documentation, methods, know-how, service designs, user interfaces, technical infrastructure, and intellectual property. No rights are granted by implication, waiver, estoppel, or otherwise.

Customer may not use DeskStack's name, logo, trademarks, trade dress, screenshots, product images, documentation, or branding in any public communication, marketing material, press release, website, comparison, or promotional material without DeskStack's prior written consent, except as permitted by law.

22. Feedback

If you provide suggestions, ideas, comments, feedback, recommendations, enhancement requests, or other input regarding the Service, you grant DeskStack a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, distribute, display, perform, commercialize, and otherwise exploit such feedback for any purpose without restriction, attribution, or compensation to you. DeskStack is not obligated to use, implement, maintain, or respond to any feedback.

23. Aggregated Data and Service Analytics

DeskStack may collect, generate, use, and disclose aggregated, anonymized, or de-identified information derived from use of the Service, including usage metrics, performance metrics, error rates, configuration trends, feature usage, ticket volume patterns, support trends, and other analytics, provided such information does not reasonably identify Customer or an individual. DeskStack may use such information for analytics, benchmarking, reporting, forecasting, security, abuse prevention, service improvement, product development, marketing, business planning, and other lawful business purposes.

DeskStack may also use operational, diagnostic, configuration, and usage information to operate, maintain, secure, troubleshoot, support, improve, and develop the Service. DeskStack does not use Customer Data to advertise to End Users and will not use Customer Data to train third-party public artificial intelligence models unless expressly disclosed or agreed.

24. Support, Maintenance, and Availability

DeskStack may provide support, onboarding, maintenance, updates, and troubleshooting depending on your plan, subscription, or written agreement. Support may be provided by email, ticket, chat, documentation, call, screen share, or other means determined by DeskStack. DeskStack does not guarantee any specific response time, resolution time, support channel, support outcome, uptime, availability, deliverability, or error correction unless expressly agreed in writing.

The Service may be unavailable, interrupted, delayed, degraded, limited, or modified from time to time due to maintenance, updates, security issues, third-party failures, infrastructure issues, email provider issues, internet disruptions, force majeure events, customer configurations, usage spikes, abuse prevention, legal requirements, or other circumstances. DeskStack may perform scheduled or emergency maintenance at any time and may modify, suspend, restrict, or discontinue parts of the Service as reasonably necessary.

25. Professional Services, Setup, and Customization

DeskStack may provide setup, configuration, onboarding, branding, mailbox connection, workflow configuration, import, migration, consultation, customization, or other professional services. Unless expressly agreed in writing, professional services are provided on a commercially reasonable efforts basis and do not guarantee any specific business outcome, technical outcome, deliverability result, integration result, migration result, timeline, or configuration result.

You are responsible for providing timely access, accurate information, required credentials, approvals, DNS changes, mailbox permissions, content, branding assets, technical details, and cooperation necessary for DeskStack to perform setup or professional services. DeskStack is not responsible for delays, failures, errors, misconfigurations, or incomplete work caused by Customer delay, inaccurate information, missing access, third-party restrictions, lack of access, domain or DNS issues, mailbox provider limitations, or Customer failure to cooperate.

26. Artificial Intelligence, Automation, and Suggested Outputs

The Service may include or later introduce artificial intelligence, machine learning, automation, suggested replies, ticket summaries, classification, routing, tagging, sentiment detection, workflow recommendations, or similar functionality. Such features may process Customer Data to generate outputs, recommendations, classifications, summaries, or suggestions.

Unless expressly agreed otherwise in writing, automated or AI-assisted outputs may be incomplete, inaccurate, outdated, inappropriate, unsuitable, or otherwise erroneous. You are responsible for reviewing all outputs before relying on them, using them for business purposes, making decisions based on them, or sending them to End Users. DeskStack does not guarantee that automated or AI-assisted outputs will be accurate, lawful, appropriate, complete, current, non-infringing, secure, or free from error. You remain solely responsible for decisions, communications, actions, omissions, and consequences arising from or relating to your use of AI-assisted or automated features.

27. Confidentiality

Each party may receive non-public information from the other party that is identified as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential information may include business information, technical information, pricing, security information, product plans, credentials, Customer Data, and other non-public information.

The receiving party will use confidential information only as necessary to perform obligations or exercise rights under these Terms and will protect confidential information using reasonable care. Confidentiality obligations do not apply to information that is publicly available without breach, already known without confidentiality obligation, independently developed without use of confidential information, or rightfully obtained from a third party without confidentiality obligation. A party may disclose confidential information where required by law, legal process, or governmental request, provided that, where legally permitted and commercially reasonable, it gives the other party notice and reasonable opportunity to seek protection.

28. Security

DeskStack uses commercially reasonable administrative, technical, and organizational measures designed to protect the Service and Customer Data. However, no method of transmission, storage, hosting, or electronic processing is completely secure. DeskStack does not guarantee that the Service or Customer Data will be absolutely secure, uninterrupted, or free from unauthorized access, loss, misuse, alteration, disclosure, deletion, interruption, or security incidents.

You are responsible for securing your accounts, users, devices, networks, credentials, connected mailboxes, domains, integrations, and configurations. You must promptly notify DeskStack of any suspected unauthorized access, credential compromise, mailbox compromise, security incident, or misuse relating to your account or use of the Service.

29. Data Export, Backups, and Deletion

During an active subscription, you may request access to or export of Customer Data to the extent supported by the Service, your plan, and applicable law. DeskStack may provide exports in a commercially reasonable format and timeframe, subject to technical limitations, account status, payment status, security review, and applicable law.

After cancellation, suspension, termination, or account closure, DeskStack may retain, delete, disable, archive, preserve, or export Customer Data in accordance with these Terms, the Privacy Policy, applicable law, backup cycles, and operational practices. DeskStack does not guarantee that Customer Data will remain available after termination or that deleted, expired, suspended, or overwritten Customer Data can be restored unless expressly agreed in writing. You are responsible for maintaining your own copies, exports, and backups of Customer Data where necessary for your business, legal, regulatory, or operational needs.

30. Records Preservation and Legal Holds

DeskStack may preserve Customer Data, Account Data, logs, billing records, security records, communications, or other information where reasonably necessary to comply with law, respond to legal process, enforce agreements, resolve disputes, investigate abuse, prevent fraud, preserve security, protect legal rights, complete billing, comply with tax or accounting obligations, or maintain business records. DeskStack may be unable to delete or export certain information where deletion or export is restricted by law, legal hold, security requirements, backup cycles, technical limitations, or legitimate business needs.

Customer is responsible for implementing its own records retention, legal hold, archival, export, and deletion practices. Unless expressly agreed in writing, DeskStack does not provide legal hold, e-discovery, archival compliance, regulated records retention, or industry-specific retention services.

31. Suspension and Termination

You may cancel your subscription in accordance with the cancellation method made available by DeskStack or by contacting DeskStack. Unless otherwise agreed in writing, cancellation takes effect at the end of the then-current billing period, and you remain responsible for all fees incurred before cancellation becomes effective.

DeskStack may suspend, restrict, disable, or terminate your access to the Service, in whole or in part, with or without notice where DeskStack reasonably believes that you or your users have breached these Terms, failed to pay amounts due, created security risk, created legal or compliance risk, violated acceptable use requirements, misused the Service, infringed third-party rights, used the Service unlawfully, caused operational harm, or otherwise exposed DeskStack, Customers, End Users, service providers, or the public to risk.

Termination or suspension does not relieve you of payment obligations incurred before termination or suspension. DeskStack may retain information as reasonably necessary to comply with law, enforce agreements, resolve disputes, complete billing, prevent fraud, preserve security, investigate abuse, protect legal rights, and maintain business records.

32. Effect of Termination and Survival

Upon termination, cancellation, expiration, or suspension of your subscription or account, your right to access and use the Service may cease immediately or at the end of the applicable billing period, depending on the circumstances of termination and any applicable agreement. DeskStack may disable access to accounts, users, mailboxes, integrations, features, exports, and Customer Data.

Any provisions that by their nature should survive termination will survive, including provisions relating to fees owed, Customer Data responsibilities, privacy, confidentiality, intellectual property, feedback, aggregated data, third-party services, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, data retention, security, reserved rights, and any other provision intended to survive.

33. Disclaimers

To the maximum extent permitted by applicable law, the Service, website, documentation, support, setup, professional services, integrations, modules, beta features, AI-assisted features, automations, and all related materials are provided "as is," "as available," and "with all faults," without warranties of any kind, whether express, implied, statutory, or otherwise.

DeskStack disclaims all warranties, representations, conditions, and guarantees, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, reliability, security, uninterrupted operation, error-free operation, compatibility, deliverability, data recovery, data retention, compliance, or that the Service will meet your requirements or achieve any particular result. DeskStack does not warrant that the Service will be free from defects, vulnerabilities, interruptions, delays, failures, harmful components, or unauthorized access.

DeskStack does not guarantee that emails will be delivered, received, categorized, routed, synchronized, displayed, or processed correctly in every instance. DeskStack is not responsible for issues caused by third-party providers, email systems, DNS settings, mailbox providers, internet connectivity, Customer configurations, user error, unauthorized access, integrations, or external systems.

34. No Professional Advice

The Service, documentation, support, reports, automations, workflows, suggested replies, analytics, AI-assisted outputs, and other materials provided by DeskStack are for general business and operational purposes only. DeskStack does not provide legal, tax, accounting, financial, employment, medical, regulatory, compliance, or professional advice. Customer is solely responsible for obtaining professional advice where necessary and for determining whether Customer's use of the Service complies with laws, regulations, contractual requirements, industry obligations, and internal policies applicable to Customer.

35. No Guarantee of Business Results

DeskStack does not guarantee that use of the Service will result in increased revenue, reduced costs, improved customer satisfaction, faster response times, improved deliverability, reduced support volume, increased productivity, successful implementation, successful migration, regulatory compliance, or any other business, operational, technical, financial, or legal outcome. Any descriptions of potential benefits, case studies, examples, marketing materials, demonstrations, projections, or performance statements are illustrative only and do not create a warranty, guarantee, or commitment.

36. Limitation of Liability

To the maximum extent permitted by applicable law, DeskStack and its affiliates, owners, directors, officers, employees, contractors, licensors, service providers, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, enhanced, or similar damages, or for any loss of profits, revenue, goodwill, business opportunity, anticipated savings, data, use, reputation, customers, contracts, or business interruption, whether based in contract, tort, negligence, strict liability, warranty, statute, or any other legal theory, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, DeskStack's total aggregate liability arising out of or relating to these Terms, the Service, Customer Data, professional services, support, setup, integrations, third-party services, or any related matter will not exceed the greater of the amounts actually paid by you to DeskStack for the Service during the three months immediately preceding the event giving rise to the claim or one hundred U.S. dollars. Multiple claims will not expand this limitation.

The limitations and exclusions in these Terms apply to the maximum extent permitted by law, even if any remedy fails of its essential purpose. Some jurisdictions do not allow certain exclusions or limitations, so some of the above limitations may not apply to you to the extent prohibited by applicable law.

37. Indemnification

You agree to defend, indemnify, and hold harmless DeskStack and its affiliates, owners, directors, officers, employees, contractors, licensors, service providers, suppliers, and agents from and against any claims, demands, actions, proceedings, damages, losses, liabilities, penalties, fines, settlements, costs, and expenses, including reasonable legal fees, arising out of or relating to Customer Data, your use of the Service, your users' use of the Service, your End Users, your connected mailboxes, your integrations, your configurations, your breach of these Terms, your violation of applicable law, your violation of third-party rights, your failure to obtain required consents or permissions, your misuse of the Service, your communications with End Users, or any dispute between you and any user, End User, customer, vendor, provider, or third party.

DeskStack will use commercially reasonable efforts to notify Customer of any indemnifiable claim, provided that failure to provide prompt notice will not relieve Customer of its indemnification obligations except to the extent Customer is materially prejudiced by the delay. Customer must not settle any claim without DeskStack's prior written consent if the settlement imposes any obligation, admission, restriction, payment, liability, or non-monetary requirement on DeskStack. DeskStack may participate in the defense of any claim with counsel of its choosing at its own expense, and may assume exclusive control of the defense where DeskStack determines that the claim may affect DeskStack's rights, reputation, security, service operations, intellectual property, customers, providers, or business interests.

38. Export Controls, Sanctions, and Compliance

You represent and warrant that you are not prohibited from using the Service under applicable export control, sanctions, anti-terrorism, anti-corruption, anti-bribery, anti-money laundering, or similar laws. You agree not to use, export, re-export, transfer, make available, or provide access to the Service in violation of applicable laws or to any person, entity, region, or country where such access or use is prohibited.

You are responsible for complying with all laws applicable to your use of the Service, including privacy, data protection, electronic communications, anti-spam, consumer protection, employment, tax, records retention, industry-specific, and cross-border transfer laws.

39. Government, Public Sector, and Procurement Terms

If Customer is a government agency, public sector entity, educational institution, nonprofit, procurement department, or other organization that requires purchase orders, vendor forms, procurement terms, security questionnaires, accessibility documents, insurance certificates, tax forms, or supplemental terms, any such documents will not modify these Terms unless expressly accepted in writing by DeskStack. Any terms appearing on Customer purchase orders, vendor portals, procurement documents, payment documents, or similar forms are rejected and have no effect, even if DeskStack accepts payment, fulfills an order, or provides the Service.

40. Resale, White Labeling, and Managed Service Use

Customer may not resell, sublicense, white label, bundle, commercially exploit, make available, or provide the Service to third parties as a service provider, reseller, agency, managed service provider, consultant, marketplace provider, or similar intermediary unless expressly authorized by DeskStack in writing. Any approved reseller, white-label, agency, or managed service arrangement may be subject to additional terms, pricing, responsibilities, compliance obligations, branding requirements, and support restrictions.

Customer remains responsible for all End Users, downstream customers, third-party users, communications, Customer Data, configurations, billing disputes, support obligations, and legal compliance arising from any authorized or unauthorized resale, agency, managed service, or third-party use of the Service.

41. Publicity

DeskStack may identify you as a Customer in customer lists, websites, presentations, investor materials, marketing materials, or sales materials, using your name, logo, or trademarks, unless you notify DeskStack in writing that you do not permit such use. DeskStack will use any approved customer name, logo, or trademark in a reasonable manner and in accordance with any written brand guidelines you provide.

42. Changes to the Service or Terms

DeskStack may update, revise, or replace these Terms from time to time at its discretion. Changes become effective when posted or otherwise made available unless otherwise stated. DeskStack may provide additional notice of material changes where required by law or where DeskStack determines notice is appropriate.

Your continued access to or use of the Service after updated Terms become effective constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription in accordance with these Terms.

43. Notices and Electronic Communications

You agree that DeskStack may provide notices, disclosures, invoices, receipts, security alerts, account messages, service communications, legal notices, and other communications electronically, including by email, through the Service, through your account, or by posting on the website. You agree that electronic communications satisfy any legal requirement that such communications be in writing, to the extent permitted by law.

You are responsible for keeping your account and contact information accurate and current. DeskStack is not responsible for missed notices, failed communications, delayed communications, or inability to contact you due to inaccurate, outdated, unavailable, or non-functioning contact information.

44. Assignment

You may not assign, transfer, delegate, or sublicense these Terms, your account, or your rights or obligations under these Terms without DeskStack's prior written consent. Any attempted assignment in violation of this section is void.

DeskStack may assign, transfer, delegate, or subcontract these Terms or any rights or obligations under these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate restructuring, business transfer, or by operation of law.

45. Independent Contractors

The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, franchise, agency, fiduciary, employment, or representative relationship between Customer and DeskStack. Neither party has authority to bind the other party or make commitments on behalf of the other party without prior written authorization.

46. Governing Law and Dispute Resolution

Unless otherwise expressly set out in a written agreement between you and DeskStack, these Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Service, Customer Data, billing, support, setup, integrations, or any related matter will be governed by the laws and dispute resolution rules determined by the competent court or tribunal having jurisdiction over the dispute, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.

Before initiating formal proceedings, you agree to first contact DeskStack at legal@deskstack.app and attempt to resolve the dispute informally. Either party may seek injunctive or equitable relief where necessary to protect intellectual property, confidential information, security, systems, data, or legal rights.

47. Limitation Period

To the maximum extent permitted by applicable law, any claim, action, or proceeding arising out of or relating to these Terms, the Service, billing, support, Customer Data, integrations, setup, professional services, or any related matter must be brought within one year after the event giving rise to the claim occurred. Any claim not brought within that period is permanently barred, unless applicable law prohibits such limitation.

48. Equitable Relief

Customer acknowledges that unauthorized use or disclosure of DeskStack confidential information, misuse of the Service, infringement of DeskStack intellectual property, breach of security obligations, or violation of access restrictions may cause irreparable harm for which monetary damages may be inadequate. DeskStack may seek injunctive, equitable, or other urgent relief without posting bond or proving actual damages, to the extent permitted by applicable law.

49. Force Majeure

DeskStack will not be liable for any delay, failure, interruption, loss, or damage caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, epidemics, labor disputes, strikes, war, terrorism, civil unrest, governmental action, changes in law, internet failures, power failures, hosting failures, third-party service failures, email provider failures, payment processor failures, cyberattacks, denial-of-service attacks, security incidents, supply chain issues, or other events beyond DeskStack's reasonable control.

50. Severability, Waiver, and Interpretation

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid, illegal, or unenforceable provision will be interpreted or modified to the minimum extent necessary to make it enforceable while preserving its intended effect as closely as possible.

DeskStack's failure or delay in enforcing any provision of these Terms does not constitute a waiver of that provision or any other provision. Headings are for convenience only and do not affect interpretation. Words such as "including" mean "including without limitation." These Terms will not be construed against DeskStack merely because DeskStack drafted them.

51. Order of Precedence

If there is a conflict between these Terms and another document governing the Service, the following order of precedence will apply unless expressly stated otherwise in a signed written agreement: first, any signed written agreement or order form expressly executed by DeskStack; second, any applicable Data Processing Agreement solely with respect to personal data processing terms; third, these Terms; fourth, the Privacy Policy; fifth, the Acceptable Use Policy; sixth, the applicable service plan, pricing page, documentation, or online materials. Purchase orders, vendor forms, procurement portals, invoice notes, or Customer-provided terms will not modify these Terms unless expressly accepted in writing by DeskStack.

52. Entire Agreement

These Terms, together with any applicable Privacy Policy, Data Processing Agreement, Acceptable Use Policy, Cookie Policy, Subprocessor List, order form, invoice, service plan, statement of work, or other written agreement that expressly applies to your use of the Service, constitute the entire agreement between you and DeskStack regarding the Service and supersede all prior or contemporaneous agreements, understandings, communications, proposals, representations, or warranties relating to the Service.

In the event of a conflict between these Terms and a signed written agreement or order form between you and DeskStack, the signed written agreement or order form will control only with respect to the specific subject matter of the conflict.

53. Contact Information

If you have questions about these Terms, you may contact DeskStack at:

• Support: support@deskstack.app
• Legal: legal@deskstack.app
• Billing: billing@deskstack.app

54. Additional Limitations, Responsibilities, and Reserved Rights

To the maximum extent permitted by applicable law, DeskStack shall not be responsible or liable for any Customer Data, Personal Information, content, files, communications, attachments, configurations, integrations, exports, connected mailboxes, third-party services, user actions, End User actions, or other materials submitted, transmitted, stored, processed, disclosed, exported, deleted, modified, synchronized, routed, or otherwise handled by Customers, users, or End Users in violation of applicable law, these Terms, the Privacy Policy, any applicable agreement, third-party provider terms, or any Customer obligation.

Customers are solely responsible for determining whether the Service is appropriate for their intended use and whether the Service satisfies any legal, regulatory, contractual, industry-specific, data residency, archival, retention, confidentiality, security, operational, accessibility, procurement, insurance, professional, employment, consumer protection, electronic communications, or internal compliance requirements applicable to Customer, its users, its End Users, or Customer Data. Unless expressly agreed in writing, DeskStack does not represent, warrant, or guarantee that the Service will satisfy any Customer-specific compliance, regulatory, data residency, industry, archival, retention, accessibility, security, procurement, or operational requirement.

DeskStack reserves the right to suspend, restrict, disable, limit, modify, refuse, or terminate access to the Service, in whole or in part, where DeskStack reasonably believes that continued access, Processing, storage, transmission, use, support, hosting, disclosure, configuration, integration, or operation of information may create legal, security, operational, reputational, compliance, financial, technical, provider, deliverability, abuse, or business risk. DeskStack may preserve, retain, disclose, or process information where reasonably necessary to comply with applicable law, enforce agreements, investigate abuse, prevent fraud, maintain security, resolve disputes, protect legal rights, respond to legal process, protect DeskStack, Customers, End Users, service providers, or the public, complete billing, support business continuity, or operate the Service.

DeskStack may update, modify, replace, suspend, restrict, remove, or discontinue operational practices, subprocessors, infrastructure, hosting environments, security measures, data handling processes, technical features, integrations, modules, APIs, automations, user interfaces, pricing, plans, support channels, service configurations, and documentation from time to time, provided such changes are made in accordance with applicable law and any applicable written agreement. DeskStack may also refuse or discontinue support, setup, configuration, migration, integration, or professional services where DeskStack reasonably determines that continued work would be unlawful, commercially unreasonable, technically infeasible, unsupported, unsafe, inconsistent with provider requirements, or likely to create risk.

Nothing in these Terms shall limit DeskStack's rights, remedies, defenses, limitations, exclusions, or protections under any applicable agreement, policy, law, equity, or legal principle. Any rights not expressly granted to Customer are reserved by DeskStack and its licensors.