1. Overview
These Terms of Service govern access to and use of Water Loss Desk, including the website, demos, intake scripts, call flows, phone forwarding support, SMS and email notifications, call summaries, integrations, and related services. By requesting a demo, approving a setup, forwarding calls, using the service, or paying an invoice, you agree to these Terms on behalf of the business you represent.
Water Loss Desk is offered only for business use by restoration companies and similar commercial operators. It is not offered for personal, household, consumer, life-safety, medical, legal, insurance-adjusting, or emergency-government use.
2. Definitions
- “Water Loss Desk,” “we,” “us,” or “our” means the provider of the Water Loss Desk service.
- “Customer,” “you,” or “your” means the business that requests, uses, pays for, tests, approves, or receives the service.
- “Caller” means a homeowner, property manager, tenant, adjuster, referral source, employee, or other person who contacts your business and is routed to or handled by the service.
- “Service” means Water Loss Desk’s call answering, water-loss intake, call summary, notification, escalation, SMS, email, automation, AI, transcription, analytics, setup, support, and related functionality.
- “Customer Data” means information, instructions, scripts, call recordings, transcripts, caller details, contact details, addresses, photos, notes, alerts, service-area rules, and other data submitted to or processed through the Service.
3. What Water Loss Desk Does
Water Loss Desk helps restoration companies capture and organize after-hours, missed, overflow, weekend, and holiday calls. The Service may answer calls, ask water-loss intake questions, collect caller and property details, send caller confirmation messages, summarize calls, and notify your owner, dispatcher, office, or on-call technician according to the rules you approve.
Water Loss Desk does not perform restoration work, dispatch crews, guarantee job acceptance, guarantee caller retention, guarantee response time, make insurance decisions, verify caller statements, provide emergency services, provide a live safety-monitoring service, or replace your business’s responsibility to supervise its own phones, staff, customers, jobs, and intake process.
4. Customer Control and Responsibility
You remain solely responsible for your business, callers, customers, employees, technicians, subcontractors, dispatch decisions, restoration work, job acceptance, pricing, estimates, communications, safety instructions, regulatory compliance, marketing claims, service-area claims, insurance-related communications, response times, and business outcomes.
You decide whether the Service is suitable for your business. You must review, test, approve, monitor, and maintain your own intake process. You must maintain your own backup answering, dispatch, and escalation process in case the Service, a phone carrier, SMS provider, email provider, AI provider, hosting provider, internet service, integration, or other third-party system is delayed, unavailable, inaccurate, misconfigured, or does not perform as expected.
5. Mandatory Testing Requirement
You must test your Water Loss Desk intake process before using it with real callers. You must make end-to-end test calls, review the caller experience, verify the intake questions, confirm SMS and email delivery, verify on-call alerts, confirm escalation rules, confirm call forwarding, and approve the setup in writing before routing real calls to the Service.
After launch, you must regularly test your own intake process to ensure it works to your satisfaction. At a minimum, you must perform and document a complete test:
- at least once every week;
- after any change to your phone number, forwarding rules, phone carrier, office hours, holiday schedule, on-call roster, alert recipient, email address, SMS number, service area, intake script, escalation rule, CRM, calendar, or integration;
- before and during storm season, freeze events, hurricane events, holiday weekends, ad campaigns, or other high-volume periods where missed calls would be material to your business;
- after any suspected missed call, delayed alert, caller complaint, routing issue, or system change; and
- whenever we ask you to test a configuration or confirm a fix.
You must keep written test records for at least 90 days, including test date, time, test caller number, path tested, expected result, actual result, screenshots or message examples where available, and any issue found. Failure to test, failure to keep records, failure to report issues by email, or continued use after an issue is discovered means you accept the risk of the untested or defective condition and waive claims arising from that condition to the fullest extent permitted by law.
6. Scripts, Escalation Rules, and Alerts
You must approve your intake script, SMS templates, alert recipients, routing rules, urgent-call triggers, service area, after-hours schedule, and follow-up instructions before launch. You are responsible for keeping those instructions current and accurate. Water Loss Desk may rely on the latest instructions you provided and is not responsible for losses caused by outdated, incomplete, conflicting, or incorrect instructions.
Any urgency classification, call summary, AI output, transcription, routing suggestion, or escalation result is informational only. You are responsible for reviewing the information, contacting the caller, deciding whether to dispatch, and deciding how to handle the job.
7. Call Forwarding, Phone Carriers, and Third-Party Systems
The Service may depend on phone carriers, SMS providers, email providers, hosting providers, AI providers, transcription providers, payment processors, calendar tools, CRM tools, browser behavior, caller devices, internet services, and other third-party systems. These systems may be unavailable, delayed, blocked, rate-limited, filtered, misconfigured, or changed without notice.
You are solely responsible for correctly setting up and maintaining call forwarding, failover routing, office phone configuration, carrier settings, notification recipients, spam filtering, mobile devices, email inboxes, and integrations under your control. Water Loss Desk is not responsible for missed, delayed, blocked, duplicated, misrouted, inaccurate, or undelivered calls, texts, emails, alerts, summaries, or data caused by third-party systems or customer-controlled systems.
8. No Emergency, Safety, Insurance, or Restoration Warranty
Water Loss Desk is not a 911 service, emergency dispatch authority, safety-monitoring service, insurer, adjuster, restoration contractor, plumber, electrician, legal advisor, or claims handler. The Service must not be used as the sole method for handling emergencies, life-safety issues, electrical hazards, sewage hazards, hazardous materials, structural hazards, gas leaks, fire, medical emergencies, or other urgent safety conditions.
You are responsible for instructing callers, employees, and technicians appropriately and for maintaining independent processes for urgent and hazardous situations.
9. Caller Communications, Consent, and Compliance
You are responsible for determining and satisfying all legal, contractual, carrier, industry, and platform requirements that apply to your calls, texts, emails, recordings, transcripts, privacy notices, opt-ins, opt-outs, marketing, advertising claims, customer communications, and service operations. You are also responsible for ensuring that callers receive any legally required notices or consents relating to call recording, transcription, automated messages, SMS, email, and data processing.
You must not use the Service to send unlawful marketing, spam, deceptive communications, harassment, abusive messages, or communications to people who have opted out or should not be contacted. You are responsible for all communications sent using your business name, phone number, caller list, instructions, templates, or account.
10. Customer Data
You represent that you have all rights, permissions, notices, and consents needed to provide Customer Data to Water Loss Desk and to allow us and our service providers to process it for the Service. You must not submit payment card numbers, bank login credentials, medical information, government identity numbers, passwords, or unnecessary sensitive information through the Service.
You are responsible for the accuracy, legality, quality, retention, export, backup, and use of Customer Data. We may delete, restrict, or refuse Customer Data that we believe creates legal, security, operational, or abuse risk.
11. Fees, Billing, and Taxes
You must pay all fees described in your order form, invoice, checkout page, written proposal, or agreed plan. Unless a written agreement says otherwise, subscription fees are billed in advance, setup fees are non-refundable, usage overages may be billed separately, and fees exclude taxes, carrier pass-through costs, payment processing costs, and third-party costs.
Failure to pay on time may result in suspension, reduced functionality, termination, deletion of data, or refusal of further service. You remain responsible for fees incurred before suspension or termination.
12. Refunds, Credits, and Complaints
Refunds and credits are governed by the Refund and Complaint Policy. Unless required by law or expressly agreed in writing, the maximum refund or credit available is limited to the most recent recurring payment actually received by Water Loss Desk for the affected Service, and any refund is contingent on our investigation.
Formal complaints, refund requests, service disputes, billing disputes, and legal notices must be submitted by email to office@waterlossdesk.com. Phone calls, text messages, social media messages, review-site posts, and informal conversations do not constitute formal notice or a refund request.
13. Suspension and Termination
We may suspend or terminate the Service if you fail to pay, create security or legal risk, violate these Terms, misuse the Service, fail to cooperate with troubleshooting, use the Service for prohibited purposes, or if a third-party provider, carrier, regulator, platform, or operational condition requires suspension. You may stop using the Service at any time, but cancellation does not automatically create a refund right.
14. Confidentiality and Security
Each party may receive business, technical, operational, pricing, caller, or customer information that is confidential. Each party must use reasonable care to protect confidential information and use it only for the relationship. No internet, phone, SMS, email, AI, cloud, or integration system is perfectly secure or error-free. You are responsible for maintaining secure devices, passwords, inboxes, phone numbers, employee access, and accounts under your control.
15. Intellectual Property
Water Loss Desk owns the Service, website, workflows, scripts, templates, software, designs, branding, documentation, training materials, automations, processes, and related intellectual property, except for Customer Data and third-party materials. You receive a limited, revocable, non-exclusive, non-transferable right to use the Service for your own internal business operations during an active paid subscription.
You may not copy, resell, sublicense, reverse engineer, scrape, benchmark for competitive purposes, misuse, or attempt to recreate the Service, scripts, workflows, or automation logic without written permission.
16. Prohibited Uses
- Using the Service for emergency life-safety dispatch, 911 replacement, medical, legal, insurance-adjusting, or government emergency functions.
- Using the Service for unlawful, deceptive, abusive, spam, harassment, or high-risk communications.
- Submitting data you do not have the right to process or share.
- Attempting to overload, interfere with, bypass, reverse engineer, or compromise the Service.
- Using the Service in a way that violates carrier rules, messaging rules, privacy laws, telemarketing rules, recording laws, advertising rules, or platform terms.
- Representing that Water Loss Desk guarantees emergency response, job capture, revenue, legal compliance, caller safety, or insurance outcomes.
17. Disclaimers
The Service is provided “as is” and “as available.” To the fullest extent permitted by law, Water Loss Desk disclaims all warranties, conditions, guarantees, and representations, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, error-free operation, revenue results, lead conversion, caller retention, legal compliance, or suitability for your business.
18. Limitation of Liability
To the fullest extent permitted by law, Water Loss Desk and its owners, officers, employees, contractors, vendors, agents, and service providers will not be liable for indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages; lost profits; lost revenue; lost business; lost jobs; missed calls; delayed calls; loss of goodwill; property damage; caller claims; customer claims; regulatory claims; data loss; business interruption; replacement services; or damages arising from your failure to test, monitor, maintain, or use a backup process.
To the fullest extent permitted by law, Water Loss Desk’s total aggregate liability for all claims arising out of or related to the Service is limited to the amount of the most recent recurring subscription payment actually received by Water Loss Desk for the affected Service. This cap applies regardless of legal theory and even if a remedy fails of its essential purpose.
19. Indemnity
You will defend, indemnify, and hold harmless Water Loss Desk and its owners, officers, employees, contractors, vendors, agents, and service providers from and against all claims, demands, damages, losses, liabilities, fines, penalties, costs, and expenses, including reasonable legal fees, arising out of or related to:
- your business, restoration services, dispatch decisions, pricing, estimates, workmanship, employees, subcontractors, callers, customers, properties, or jobs;
- Customer Data or your instructions, scripts, phone numbers, service-area rules, alert recipients, escalation rules, or integrations;
- your failure to test, approve, monitor, maintain, update, or use a backup intake process;
- missed, delayed, inaccurate, blocked, misrouted, or undelivered calls, texts, emails, summaries, alerts, or integrations caused by customer-controlled or third-party systems;
- call recording, transcription, privacy notices, SMS, email, telemarketing, consent, opt-out, data protection, advertising, or carrier compliance issues related to your business or callers;
- your breach of these Terms or misuse of the Service; and
- any claim by a caller, homeowner, tenant, property owner, insurer, adjuster, referral source, employee, contractor, regulator, platform, carrier, or third party connected to your use of the Service.
We may participate in the defense of any claim with counsel of our choice. You may not settle any claim in a way that admits fault, imposes obligations, or restricts Water Loss Desk without our written consent.
20. Force Majeure
Water Loss Desk is not responsible for delay or failure caused by events outside our reasonable control, including carrier outages, cloud outages, SMS filtering, email filtering, platform changes, AI provider issues, payment processor issues, internet failures, power failures, cyber incidents, severe weather, disasters, labor issues, government actions, legal restrictions, acts of war, or failures of customer-controlled systems.
21. Dispute Process
You must first submit any complaint, refund request, service dispute, billing dispute, or legal notice by email to office@waterlossdesk.com with enough detail for investigation. You must cooperate reasonably, provide test records, provide call examples, and allow troubleshooting. To the fullest extent permitted by law, class actions, collective proceedings, representative proceedings, jury trials, and consolidated claims are waived.
Governing law and venue are those stated in your signed order form, invoice terms, or written agreement. If no governing law or venue is stated, disputes will be handled under applicable law in a competent forum, and the liability, refund, notice, testing, waiver, and indemnity provisions in these Terms remain enforceable to the fullest extent permitted by law.
22. Changes to These Terms
We may update these Terms by posting a revised version on this page. The updated version applies when posted unless a different effective date is stated. Continued use of the Service after changes are posted means you accept the updated Terms.
23. Contact
All complaints, refund requests, billing disputes, privacy requests, service disputes, and legal notices must be submitted by email to office@waterlossdesk.com.
