Terms Of Service

Last updated: 02/11/2025

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Please read these Terms of Service (“Terms”, “Agreement”) carefully. This Agreement is between ToolDesk Inc. (“Company”, “we”, “us”, or “our”), doing business as LeadTruffle, and you (“User”, “you”, or “your”). By accessing or using LeadTruffle (“Service”), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

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1. Account Registration

1.1. Account Creation
In order to access and use LeadTruffle, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

1.2. Account Security
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

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2. License

2.1. Limited License
Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use LeadTruffle solely for your internal business purposes.

2.2. Restrictions
You may not sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make LeadTruffle available to any third party.

2.3. CRM Integrations
When connecting our Service with your CRM system:

You are responsible for obtaining all necessary permissions and rights from your CRM provider to share data with our Service.
You warrant that your use of any CRM integration complies with your agreement with the CRM provider.
You acknowledge that we are not responsible for any changes made by CRM providers that may affect the integration.
We reserve the right to modify or discontinue any CRM integration features with reasonable notice.
You are responsible for maintaining the security of your CRM credentials and API keys.
We will handle any CRM data in accordance with our Privacy Policy and applicable data protection laws.
You acknowledge that the availability and functionality of CRM integrations may depend on third-party services outside our control.

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3. Intellectual Property

3.1. Ownership
LeadTruffle and all intellectual property rights therein are and shall remain the exclusive property of ToolDesk Inc. Nothing in this Agreement shall convey to you any right, title, or interest in or to LeadTruffle except for the limited license expressly granted herein.

3.2. Marketing Rights
By using the Service, you grant ToolDesk Inc., doing business as LeadTruffle, a worldwide, royalty-free, non-exclusive license to:

Use your company name, logo, and trademarks.
Display your business information in marketing materials.
Include your logo on our website and presentations.
Share your success stories and testimonials.
Reference you as a customer in promotional materials.

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4. Data Privacy and Communication

4.1. Privacy Policy
We will handle any personal data provided by you in accordance with our Privacy Policy, which is incorporated by reference into this Agreement.

4.2. Email Tracking
Our email campaigns may use tracking technologies such as web beacons, pixels, and other similar technologies to automatically collect certain information such as your IP address, browser type and version, and email engagement statistics.

4.3. Email Opt-out
If you wish to unsubscribe from our email campaigns, please click on the Unsubscribe link at the bottom of any marketing email sent from us.

4.4. SMS Provider
We use Twilio as our SMS service provider. By using our SMS services, you agree to comply with all applicable US laws and regulations regarding text messaging, including but not limited to the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.

4.5. SMS Opt-out
If you wish to stop receiving text messages from us, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us. You may receive a confirmation message after opting out. Standard message and data rates may apply. Opting out of SMS does not affect your ability to receive email or other forms of communication unless explicitly requested.

4.6. Missed Call SMS Notifications and Lead Qualification

If you call our business and we are unable to answer, we may send you an automated text message notifying you of the missed call and offering further assistance.
If you wish to continue the conversation via text, you may reply YES to opt-in. Once opted in, we may ask a series of questions to help qualify your inquiry.
You can opt out of receiving text messages at any time by replying STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any message from us.
Standard message and data rates may apply.

4.7. SMS Data Retention and Processing

When you reply YES to an SMS from us, we may collect and store your responses to qualify your inquiry and provide relevant assistance.
This data is processed and retained for 24 months, unless a longer retention period is required by law or necessary for legitimate business purposes.
We do not share or sell this data to third parties.

4.8. SMS Compliance

By using our SMS services, you acknowledge that you are providing express written consent to receive text messages from us.
We comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and the CTIA Messaging Principles and Best Practices.
We reserve the right to modify or terminate SMS services at any time.

4.9. AI Voicemail Service
4.9.1. Service Agreement
By using our AI voicemail service, you acknowledge and agree that:

Voicemails left by your leads will be recorded, transcribed, and processed by our AI systems.
Our AI may generate and send automated responses based on voicemail content.
You are responsible for informing your leads that their voicemails may be processed by AI.
You will obtain any necessary consents from your leads for voicemail processing.
You will not use the voicemail service for any unlawful or prohibited purpose.

4.9.2. Service Limitations

We do not guarantee 100% accuracy in voicemail transcription or AI interpretation.
Response times may vary based on system load and complexity of the voicemail.
The service may be temporarily unavailable for maintenance or updates.
We reserve the right to modify or discontinue the voicemail service at any time.

4.9.3. Compliance Requirements
You agree to:

Comply with all applicable laws regarding voice recording and processing.
Maintain appropriate privacy notices and consent mechanisms.
Not submit voicemails containing sensitive personal information.
Not use the service for emergency or time-critical communications.
Inform leads about the automated nature of the service.

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5. Fees and Payment

5.1. Payment Terms
The use of LeadTruffle may be subject to payment of applicable fees. You agree to pay all fees specified in accordance with the payment terms provided to you at the time of purchase.

5.2. Refund Policy
We offer a 30-day refund policy to ensure your satisfaction with our service. If you are not satisfied with your subscription within the first 30 days, you may request a full refund. To be eligible for a refund, you must meet the following criteria:

Refund Request Timeline: The refund request must be submitted within 30 calendar days from the date of your initial subscription purchase.
Account Eligibility: Refunds are only available to first-time subscribers. Renewals and subsequent purchases are not eligible for a refund.
Request Process: To request a refund, contact our support team at support@tooldesk.co with your account details and reason for the refund.

Please note:

Refunds will be processed to the original payment method used at the time of purchase.
Refund requests made after the 30-day window will not be considered.
Abuse of the refund policy, as determined by our team, may result in account suspension.

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6. Disclaimer of Warranties

6.1. As-Is Service
LeadTruffle is provided on an “as-is” and “as available” basis. We make no representations or warranties of any kind, whether express, implied, statutory, or otherwise, with respect to LeadTruffle.

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7. Limitation of Liability

7.1. Liability Limits
In no event shall ToolDesk Inc. be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost data, or business interruption, arising out of or in connection with this Agreement.

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8. Indemnification

8.1. User Indemnification
You agree to indemnify, defend, and hold harmless ToolDesk Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with your use of LeadTruffle.

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9. Governing Law

9.1. Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law principles.

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10. Amendments

10.1. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

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11. Miscellaneous

11.1. Entire Agreement
This Agreement constitutes the entire agreement between you and ToolDesk Inc. regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and representations, whether oral or written.

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12. Agency Accounts and White Labeling

12.1. Agency Responsibilities
12.1.1. Account Oversight
Agencies are responsible for all activity occurring under their master account and any sub-accounts they manage. Agencies must ensure that their staff and end clients comply with these Terms of Service.

12.1.2. Compliance Requirements
Agencies agree to ensure that their clients’ use of LeadTruffle adheres to all applicable laws and regulations, as well as to these Terms. Any violation by a sub-account shall be deemed a violation by the Agency.

12.1.3. Consent and Data Handling
Agencies must obtain all necessary consents from their end clients or sub-accounts for:

Data collection and processing.
Data sharing between systems.
Usage of AI features and automated communications.
Any other consents required by law or these Terms.

12.2. White Labeling
12.2.1. Limited License
We grant Agencies a non-exclusive, non-transferable, revocable license to use certain white-label features of LeadTruffle solely to rebrand our platform for the Agency’s end clients. This does not grant any ownership rights to our trademarks or intellectual property.

12.2.2. Brand Guidelines
Agencies shall:

Comply with any brand usage guidelines provided by us.
Not misrepresent the nature of LeadTruffle or its ownership.
Not claim any affiliation with ToolDesk Inc. or LeadTruffle beyond what is permitted.

12.3. Agency Billing and Payment
Agencies are responsible for all subscription fees incurred by their sub-accounts, unless otherwise agreed in writing. Any non-payment or delinquent payment by a sub-account remains the Agency’s responsibility.

12.4. Agency Indemnification
In addition to the general indemnification clause in Section 8, Agencies agree to indemnify, defend, and hold harmless ToolDesk Inc. and its officers, directors, and employees from any claims arising out of or related to:

Actions or omissions of the Agency’s sub-accounts.
Actions or omissions of the Agency’s end clients.
Misuse of LeadTruffle by any sub-account or end client.
Violation of these Terms by any sub-account or end client.

12.5. Relationship with End Clients
ToolDesk Inc. has no direct contractual or other legal relationship with the Agency’s end clients. The Agency is solely responsible for:

Providing support to their end clients.
Handling disputes with their end clients.
Enforcing any additional terms they may have with their end clients.
Nothing in this Agreement creates a third-party beneficiary relationship.

12.6. Data Management
12.6.1. Data Ownership
Agency end client data remains the property of the respective end client, subject to the licenses granted in these Terms.

12.6.2. Account Transitions
If an Agency ceases managing a sub-account, we may, at our discretion:

Allow that sub-account to continue using LeadTruffle independently under a separate direct agreement.
Provide a reasonable transition period for data export.
Terminate the sub-account’s access to LeadTruffle.

12.7. Termination Rights
We reserve the right to terminate or suspend an Agency’s account (including all sub-accounts) if we determine, in our sole discretion, that the Agency or any of its sub-accounts has:

Violated these Terms.
Engaged in unlawful activity.
Engaged in fraudulent activity.
Failed to pay applicable fees.
Misused LeadTruffle or our white-label features.

Contact Us
Email: support@tooldesk.co