Terms of Service

Welcome to DeskMint. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and DeskMint ("Company," "we," "us," or "our"). By accessing or using our platform, services, website, or any associated applications (collectively, the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" and "your" shall refer to such entity.

2. Description of Service

DeskMint is a business-to-business ("B2B") software-as-a-service platform that provides automated accounts receivable collection services. The Service enables businesses to:

• Upload outstanding invoices via CSV file import
• Send automated email communications to debtors on behalf of the User
• Place AI-generated phone calls to debtors to facilitate payment collection
• Manage and track dispute resolution for outstanding invoices
• Receive collected payments through integrated payment processing via Stripe Connect

DeskMint is designed exclusively for B2B accounts receivable collection. The Service is not intended for, and shall not be used for, consumer debt collection as defined under the Fair Debt Collection Practices Act (FDCPA) or similar consumer protection statutes.

3. Account Registration and Eligibility

3.1 Eligibility

The Service is available only to businesses and legal entities. By registering for an account, you represent and warrant that: (a) you are a duly organized and validly existing business entity; (b) you have full corporate power and authority to enter into these Terms; and (c) the individual accepting these Terms is authorized to do so on behalf of the entity.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3.3 One Account Per Entity

Each business entity may maintain only one active account. We reserve the right to suspend or terminate duplicate accounts.

4. Subscription Plans, Billing, and Fees

4.1 Subscription Plans

DeskMint offers the following subscription plans:

• Starter Plan: $49.00 per month
• Growth Plan: $149.00 per month

Plan features and limitations are described on our pricing page and may be updated from time to time. Changes to plan features will be communicated to active subscribers in advance.

4.2 Collection Commission

In addition to the monthly subscription fee, DeskMint charges a commission of 3% on all amounts successfully recovered through the Service ("Collection Commission"). The Collection Commission is calculated on the gross amount collected from the debtor and is deducted automatically before funds are disbursed to your connected Stripe account.

4.3 Payment Processing

All subscription payments are processed through Stripe. By subscribing to the Service, you agree to Stripe's terms of service and authorize recurring charges to your designated payment method. Collected funds are disbursed to your business through Stripe Connect; you are required to connect and maintain a valid Stripe account to receive payouts.

4.4 Refund Policy

DeskMint offers a 30-day money-back guarantee on subscription fees. If you are not satisfied with the Service, you may request a full refund of your subscription fee within 30 days of your initial payment. The 30-day money-back guarantee applies to subscription fees only; Collection Commissions earned on amounts recovered during the refund period are non-refundable.

4.5 Billing Cycle and Cancellation

Subscriptions are billed monthly on a recurring basis. You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to the Service through the end of your current billing period. No prorated refunds are issued for partial billing periods.

5. User Responsibilities

5.1 Accurate Data

You are solely responsible for the accuracy, completeness, and legality of all data you upload to or provide through the Service, including invoice data, debtor contact information, and outstanding balance amounts. DeskMint shall not be liable for any errors, disputes, or damages arising from inaccurate or incomplete data provided by you.

5.2 Authorization to Collect

You represent and warrant that you have the legal right and authorization to collect on each invoice submitted through the Service and to engage DeskMint to act on your behalf for such collection. You further represent that all invoices submitted reflect genuine, undisputed (or disclosed as disputed) business debts owed to you.

5.3 Compliance with Laws

You agree to use the Service in compliance with all applicable federal, state, and local laws and regulations, including but not limited to laws governing B2B debt collection, electronic communications, and data privacy. You shall not use the Service to collect consumer debts or in any manner that would subject DeskMint to regulation under the FDCPA or similar consumer protection laws.

5.4 Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation
• Submit fraudulent, fabricated, or misleading invoices or debtor information
• Attempt to circumvent, disable, or interfere with the security or functionality of the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use the Service to collect consumer debts, personal debts, or any debts not arising from a bona fide B2B transaction
• Resell, sublicense, or redistribute access to the Service without prior written consent

6. Data and Content Ownership

6.1 Your Data

You retain all ownership rights to the data you upload to the Service ("User Data"). By uploading User Data, you grant DeskMint a limited, non-exclusive, worldwide license to use, process, store, and transmit your User Data solely for the purpose of providing the Service to you.

6.2 DeskMint Intellectual Property

The Service, including all software, algorithms, AI models, user interfaces, designs, trademarks, and documentation, is the exclusive property of DeskMint and is protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use the Service in accordance with these Terms.

6.3 Aggregated and Anonymized Data

DeskMint may collect and use aggregated, anonymized, or de-identified data derived from your use of the Service for purposes including analytics, product improvement, and benchmarking. Such data will not identify you or any individual debtor.

7. AI-Generated Communications

7.1 Nature of Communications

The Service utilizes artificial intelligence to generate and deliver email communications and phone calls to debtors on your behalf. You acknowledge and agree that these communications are machine-generated and may not reflect the exact language, tone, or intent you would use if communicating directly.

7.2 Review and Approval

While DeskMint strives to ensure that AI-generated communications are professional, accurate, and compliant with applicable laws, you acknowledge that no AI system is infallible. DeskMint is not responsible for any misunderstandings, disputes, or damages arising from the content or delivery of AI-generated communications, except to the extent caused by a material defect in the Service.

7.3 Debtor Interactions

AI-generated phone calls may involve synthetic voice technology. DeskMint will make commercially reasonable efforts to comply with applicable disclosure requirements regarding the use of AI in communications. You agree to cooperate with DeskMint in ensuring compliance with any applicable laws governing automated or AI-assisted communications.

8. Limitation of Liability

8.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DESKMINT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

8.2 No Guarantee of Collection

DESKMINT DOES NOT GUARANTEE THAT ANY SPECIFIC AMOUNT WILL BE COLLECTED OR THAT COLLECTION EFFORTS WILL BE SUCCESSFUL. RECOVERY RATES DEPEND ON NUMEROUS FACTORS OUTSIDE OF DESKMINT'S CONTROL, INCLUDING DEBTOR RESPONSIVENESS, THE VALIDITY OF THE UNDERLYING DEBT, AND APPLICABLE LEGAL RESTRICTIONS.

8.3 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DESKMINT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

8.4 Cap on Liability

DESKMINT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO DESKMINT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless DeskMint and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any applicable law or regulation; (d) any inaccurate, misleading, or fraudulent data provided by you; or (e) any dispute between you and a debtor arising from collection activities conducted through the Service.

10. Termination

10.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting us at legal@deskmint.com. Termination will take effect at the end of your current billing period.

10.2 Termination by DeskMint

We may suspend or terminate your account and access to the Service at our sole discretion, with or without notice, for any reason, including but not limited to: (a) breach of these Terms; (b) fraudulent or illegal activity; (c) non-payment of fees; or (d) extended inactivity. We will make commercially reasonable efforts to provide notice before termination, except where immediate termination is warranted by the circumstances.

10.3 Effect of Termination

Upon termination: (a) your right to access the Service will cease immediately; (b) any outstanding Collection Commissions owed to DeskMint remain due and payable; (c) we will make your User Data available for export for a period of 30 days following termination, after which it may be deleted; and (d) all provisions of these Terms that by their nature should survive termination shall survive, including Sections 6, 8, 9, and 12.

11. Modifications to Terms

DeskMint reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and, where practicable, by sending notice to the email address associated with your account at least 30 days before the changes take effect. Your continued use of the Service following the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service before the changes take effect.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws provisions.

12.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, either party may initiate binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the State of Delaware. Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise.

12.3 Waiver of Class Actions

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DeskMint with respect to the Service and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

13.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

13.3 Waiver

The failure of DeskMint to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without the prior written consent of DeskMint. DeskMint may assign these Terms without restriction.

14. Contact Information

If you have any questions about these Terms of Service, please contact us at:

DeskMint Email: legal@deskmint.com